CHINTI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is in custody in Crime No. 211/92 registered for the offence under section 307/34 I.P. C. on the allegation that he along with other co -accused Awdesh, the brother of dacoit, Dinesh, fired at complainant Ramsiya on 26.6.92 at about 11.30 a.m. The injured, according to his version, was removed to the hospital by the passers by, who had gathered at the spot at the time of the incident. The case was registered on a dehati Nalishi which was lodged at the hospital. During investigation, the police has examined only one witness of the locality, namely, Madan Kishore. In his statement, Madan Kishore, stated that hearing the gun -fire when he came out of his house, he found the complainant in the injured state. On being asked the complainant disclosed to him that his enemies have fired at him. The names of the assailants were not disclosed by the injured to witness Madan Kishore. The petitioner is said to be of 17 years of age, although according to the prosecution he is aged 21 years. But considering the fact that none of the passers by have been examined by the police and the hospital record shows that the injured was brought to the hospital by one Ramji Lal, Head Constable of Kotwali Bhind and without meaning to comment on the merits of the case, the application is allowed.

(2.) THE applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 15,000/ - with one surety in the like amount to the satisfaction of the C.J.M., Bhind.