LAWS(MPH)-2023-2-27

SANJAY Vs. STATE OF MADHYA PRADESH

Decided On February 01, 2023
SANJAY Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is second bail application moved by the applicants under Sec. 439 of the Cr.P.C. for grant of bail in connection with Crime No.140/2022, registered at Police Station- Pahadgarh, District- Morena, for the offences punishable under Ss. 307, 294, 147, 148, 149 of the IPC Sec 11/13 of the MPDVPK Act and Ss. 25/27 of the Arms Act.

(2.) Applicants are in judicial custody since 24/9/2022 in the aforementioned case. First application having been dismissed as withdrawn with liberty granted to the applicants to file afresh after filing of the charge-sheet. The charge-sheet has now been filed as so stated by the learned counsel for the applicants.

(3.) The case of the prosecution is that the police has got a tip off that applicant No.1 was the member of a team of dacoits headed by Gudda dacoit and in order to investigate the police had gone there, the applicants are stated to have fired at the police personnel with country made fire arms and that the police had retaliated in counter fired. No injuries have been found at the police personnels.