MAHESH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants are praying for bail. They have been charged for committing offence punishable u/Ss. 302, 148, 149 IPC and Ss. 25 and 26 of the Arms Act.

(2.) SHRI Ashok Shukla, for the petitioners submitted that the deceased was a hardened criminal and was involved in a murder case and petitioner No. 1 and 3 were to give evidence in Sessions Court. He pointed out that the incident took place prior to the date on which they were to give evidence in the Court. Shri Shukla advocate for the petitioner further submitted that the applicants are of tender age and in the said incident the uncle of petitioner No. 1 was seriously injured. He argued that there is no evidence against the petitioners to indicate that they are guilty of offence which is punishable with death or imprisonment for life. According to him they deserve to be bailed out. This is the sum and substance of the arguments advanced on behalf of the petitioners, by their counsel. Shri Desai, Dy. G.A. for the State, submitted by making a reference to the case diary, that the incident took place in the night of 20.5.94 at about 11.30 p.m. in Indore city when deceased and his wife were sitting on the platform of their house. He pointed out that prior to the main incident, applicants 1, 2 and 5 had visited the locality where the house of deceased was situated and that was for the purpose of ascertaining whether deceased was present there. He submitted that thereafter all of them came to the house of deceased armed with swords and mini swords (GUPTI) and assaulted the deceased with those weapons causing 22 wounds on his body.

(3.) THE deceased may be a convict or may not be a convict, but that cannot be a ground for anybody to assault him in such a way as the present incident indicates. The weapons which applicants were possessing as per prosecution case, and the way they used the weapons in the said incident, overwhelming their age. They may be in teens but the act committed by them suggest the pre -planed seriousness. When the applicants are charged for offence punishable with death or imprisonment for life and the prosecution is in possession of the material to go for a trial against them for such a charge, the sentence prescribed for the alleged acts will have to be kept in mind and keeping in view that aspect of the matter, the liberty of such applicants has to be balanced with larger interest of the society. The investigation cannot be permitted to be hampered and judicial process cannot be permitted to be subverted. Thus, the bail application stands dismissed.