PULANDAR SINGH ATIRAJSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall govern the disposal of Criminal Miscellaneous case No. 651 of 1978 (Bhagwandas v. The State of Madhya Pradesh) as well.

(2.) THIS is an application for bail under section 439 of the Code of criminal Procedure against the order dated 22-9-1978, passed by the Sessions judge, Bhind in Criminal Case No. 737 of 1978.

(3.) THE facts giving rise to this petition are that the petitioner was arrested on 13-6-1978 on the charge under section 302 read with section 34 of the Indian Penal Code. The allegation against him was that Asharam was murdered in the morning of 21-5-1978 and that the petitioner is responsible for that offence. The prosecution case further states that Raj Bahadur Singh and Sarnam Singh were inside the Gonda when a gun shot was fired and Asha ram who was outside the Gonda was hit. According to post mortem report, there were no scorching, tattooing or black charring marks around the gun shot wounds. It is a case of pellets, dispensing and covering an area of about 4 feet. The application states that both these circumstances clearly indicate that the shot has been fired from a long distance. Eye witnesses, as alleged in the petition, say that the incident was seen from a distance of four feet, which is absolutely false, looking to the nature of the injury. Then the petitioner was arrested on 13-6-1978 and the concerned Court is Magistrate. First Class, mehgaon and no challan was filed in that Court within 60 days of the arrest of the petitioner. The allegation of the prosecution is that on the 60th day, a challan was filed in the Bhind Court, which is not concerning Court and the record has not been sent to Mehgaon Court even though there is a lapse of a period of three months; it is also further submitted that no copy of the challan has been given to the petitioner. On this ground, the petitioner prays for release of his on bail.