KAMALSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 552/2022 registered at P.S - Nalkheda, District- Agar Malwa (M.P.) for commission of offence punishable under Ss. 307, 326, 341, 323, 294, 506/34 of IPC.

(2.) Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. They are not the main accused, who has inflicted injuries to the victim by using axe. Only wooden stick has been recovered from the possession of the present applicants. Civil suit has been decided in favour of the applicants and their family members regarding the land dispute. There is no legal evidence available on record to connect the applicants with the aforementioned offence. Applicants are in custody since 12/12/2022. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicants is required. They are permanent resident of District- Agar Malwa. There is no apprehension of their fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

(3.) It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.