M.Cr.C. No.7084/2010
9.8.2010
Shri R.S.Patel, counsel for the applicant.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard on IA. No.12810/2010, an application for
urgent hearing.
Since case diary is available, application is allowed.
Heard both the parties.
Case diary of Crime No.136 of 2010 registered at
Police Station Narsinghpur, District Narsinghpur for
offence punishable under Sections 294, 506, 307 read
with Section 34 of I.P.C and Section 3/ 5 of Explosive
Substance Act is perused.
The applicant is in custody since 21.6.2010.
Learned counsel for the applicant submits that there
is no proof found at the spot regarding explosion of any
explosive substance. It is alleged that the applicant had
fired a pallet from the gun causing injuries to the victim
in his left abdomen. In MLC report only two wounds
were shown. One was entry wound and another was exit
wound but, in X-Ray report it is mentioned that there was
shadow of some opaque particles in that part of body.
He further submits that if some pallets went inside the
abdomen then there should be some corresponding
wound on the abdomen but, there was one entry wound
found by the doctor in MLC therefore, it seems that X-
Ray plate is a prepared X-Ray. However, the complainant
is out of danger. He is already discharged from the
hospital. The applicant is a reputed citizen of the
locality. He has no criminal past. He is in custody since
21.6.2010 therefore, he prays for bail.
Learned Public Prosecutor opposes the application.
She submits that in the year 2010, one case for
offence under Section 323, 294 and 506 of I.P.C. was
registered against the applicant. He was also booked in
Prevention Section of 107 of Cr.P.C.
After perusing the case diary and hearing aforesaid
arguments, without expressing any view on the merits of
the case, I am of the opinion that this is a fit case in
which bail may be granted to the applicant namely
Mahesh Kumar Patel.
Therefore, application of the applicant Mahesh
Kumar Patel under Section 439 Cr.P.C. is hereby
allowed. He be released on bail on furnishing of a bond
in sum of Rs.35,000/- (Rupees thirty five thousand) with
one surety bond of the like sum to the satisfaction of
CJM, Narsinghpur to appear before the committal Court
and trial Court on the dates given by the concerned
Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina
