MAHESH JAMKE Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under section 439 Cr.P.C seeking bail in connection with crime No.130/2019 registered at Police Station Hatod, district Indore for the offence punishable under sections 302/34, 120-B, 212 and 201 of the IPC and under section 25 and 27 of the Indian Arms Act.

(2.) As per prosecution story, complainant Sanjay lodged the FIR on 30.07.2019 in Police Station Hatod, district Indore that at 9 a.m he went to his agricultural field and his brother Rajesh came on the field near about 10.30 a.m. Ravi with his two friends were standing on the boundary (Med) of the agricultural field and started disputing with Rajesh. Ravi took out the pistol from his pocket and fired the gun shot to kill Rajesh. Rajesh sustained the gun shot injury and Ravi fled away from the spot. While taking to the hospital, Rajesh died. The Police registered the case and statement of witnesses were recorded under section 27 of the Evidence Act and thereafter present applicants have been arrested.

(3.) Learned Senior Counsel for the applicants submits that no overt act has been attributed against the applicants. They have not been named in the FIR and they have been made accused only on the basis of the statement of main accused recorded under section 27 of the Evidence Act. He further submits that as per the allegation, after commission of the crime Ravi went to the house of Anokhilal, who advised him to stay in the night with Mahesh. So far as the allegation against applicant No.3 is concerned, Ravi asked him to arrange a pistol. He further submits that at the most the offence made out against the applicants are under sections 212 and 201 of the IPC which are bailable offences. The applicants are in custody since 13.07.2019, 14.07.2019 and 31.07.2019 respectively. The investigation is complete and charge sheet has been filed. The conclusion of trial will likely to take time, hence prayed for release of the applicants on bail during trial.