PRABHULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary. This is repeat second bail application under Sec. 439 of the Code of Criminal Procedure, 1973 (now sec. 483 of B.N.SS, 2023) for grant of bail to the applicant in connection with Crime No. 2802021 registered at P.S.- Kanad, District- Agar (Malwa) for commission of offence punishable under Sec. 302, 307, 323, 324, 147, 148, 149 and 325 of the IPC and Sec. 25 and 27 of the Arms Act.

(2.) First bail application of the applicant was dismissed on merits vide order dtd. 23/4/2022 in M.Cr.C. No.202172022.

(3.) Prosecution story in brief is that, on 16/9/2021 a procession was going on, at that time applicant Prabhulal and 13 other co-accused persons carrying with sword, lathi, farsi and katta came there at the spot. Co-accused Chain Singh gave sword blow on the head of deceased Umrao Singh and co-accused Ishwar Singh fired on the stomach of deceased by means of katta. As per allegations, present applicant and co-accused persons havalso assaulted Babulal, Kamal Singh, Lakhan Singh and Bharat Singh by means of their weapons. At the time of the incident, present applicant was present at the spot carrying with sword. Due to injuries Umrao Singh died. Injured Lakhan Singh and Bharat Singh sustained grievous injuries which was fatal to life. Kamal Singh and Babulal sustained simple injuries.