HARCHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the parties. At this stage, as prayed by the learned counsel for the applicants, the application under Section 439 of the Cr.P.C. filed by the applicant Hardayal is hereby dismissed being withdrawn. Since both the applications are connected with the same crime, therefore, decided by the present common order.

(2.) The applicants Harcharan and Chhotu are in custody since 05.01.2016 whereas applicants Matadeen and Dharmendra are in custody since 13.01.2016 relating to Crime No.06/2016 registered at Police Station Dheerpura, District Datia (M.P.) for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 294, 436, 307, 302, 506B of IPC.

(3.) Learned counsel for the applicants submits that the applicants are the reputed citizens of the locality. Out of them applicant Harcharan is an old person aged 60 years whereas applicants Dharmendra and Chotu are under the age group of 19 to 20 years. None of the applicants [Harcharan, Chotu, Matadeen and Dharmendra] has criminal Mcrc No.5813/2016 Matadeen and others Vs. State of Madhya Pradesh past as alleged against them. In the present case, it is alleged against the applicants Harcharan, Chotu, Matadeen and Dharmendra that they assaulted and killed the deceased Thakurdas, however, Thakurdas had sustained only six injuries whereas 13 to 14 persons were implicated in the crime. It is alleged that Thakurdas died due to head injury caused by the persons having sharp cutting weapons. The applicants were not aware that the co -accused would assault the deceased Thakurdas in such a forceful manner with the sharp cutting weapons. No common intention of the applicants [Harcharan, Chotu, Matadeen and Dharmendra] can be presumed with the co -accused persons Bhagwan Singh or Hardayal for offence under Sections 302 and 307 of IPC, hence, no such offence is made out against the applicants either directly or with help of Section 34 or 149 of IPC. It is not alleged against any of the applicants [Harcharan, Chotu, Matadeen and Dharmendra] that he set fire on any house and hence prima facie no offence under Section 436 of IPC is made out against them. Applicants [Harcharan, Chotu, Matadeen and Dharmendra] are in custody without any substantial reason. Under these circumstances, the applicants pray for bail. Learned Public Prosecutor opposes the application.