High Court Madhya Pradesh High Court

Shiv Kumar vs The State Of Madhya Pradesh on 11 August, 2010

Madhya Pradesh High Court
Shiv Kumar vs The State Of Madhya Pradesh on 11 August, 2010
                          M.Cr.C. No.7652/2010
11.8.2010
     Shri Sujat Ali, counsel for the applicant.
     Shri R. N. Yadav, Panel Lawyer for the respondent/

State.

Heard on IA. No.12816/2010, an application for
urgent hearing.

Since case diary is available, the application is
allowed.

Heard both the parties.

Case diary of Crime No.75 of 2010 registered at
Police Station Kotwali, District Panna for offence
punishable under Sections 307, 294, 506-B read with
Section 34 of I.P.C is perused.

The applicant is in custody since 26.5.2010..
Learned counsel for the applicant submits that
applicant is a reputed citizen of the locality. There is no
criminal past alleged against him. The main victim of
the case did not sustain any grievous or fatal injury. His
injuries were found to be simple. Therefore, offence
alleged against the applicant came in the purview of
Section 324 of I.P.C only. The main victim is out of
danger and he is discharged from the hospital.
Therefore, looking to the custody period of the applicant,
he prays for bail.

Learned Public Prosecutor opposes the application.
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 Shiv
Kumar.

Therefore, application of the applicant Shiv Kumar
under Section 439 Cr.P.C. is hereby allowed. He be
released on bail on furnishing of a bond in sum of
Rs.30,000/- (Rupees thirty thousand) with one surety
bond of the like sum to the satisfaction of CJM Panna to
appear before the committal Court and trial Court on the
dates given by the concerned Courts.

Certified copy if applied.

(N.K. Gupta)
Judge
bina