Sunil vs State of Madhya Pradesh

Hon''ble Mrs. Justice S.R. Waghmare

By this application filed u/s 439 of the Cr.P.C. applicant Sunil has moved the application for grant of bail being implicated in Crime No.123/2012 registered by police station Kotwali Dewas for offence under Sections 302 of the IPC. Counsel for the applicant has vehemently urged the fact that it was a free fight. The incident had actually taken place one day prior to the incident and Kalibai had lodged a report against the husband of Sangita and on that day night a quarrel took place when the complainant party in present case were returning home, accused Rakesh, Dinesh, Mithun, Sunil, Dinesh, Raju and Kali again attacked the present applicant and injuries were sustained by Babita; resulted in her death. Counsel submitted that initially the crime has been registered for offence u/s 307 of the IPC on 12/2/2012; whereas after four days i.e. 16-17/2/2012 on the death of Babita, the offence has been enhanced to one u/s 302 of the IPC.

Counsel for the applicant has vehemently urged the fact that present applicant Sunil was also implicated in the matter; whereas in actual fact applicant Sunil has also received injuries at the hand of Ambaram of the complainant party. Moreover, Counsel countered that even the medical evidence on record was controversial since M.L.C. report indicated that only two injuries were received by Babita; whereas the postmortem report indicated that there are four injuries were received by the deceased. Moreover, the M.L.C. report the name of Kalibai has been scratched and name of Babita is included on the top which is clearly visible to the naked eyes. Counsel further submitted that the postmortem report of Babita did not indicate any cause of death and there is no overt act ascribed against the present applicant. Hence, Counsel prayed that the application for grant of bail be allowed.

Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the applicant and has submitted that the present applicant was fully implicated in the matter. He has however, candidly admitted that there was some mistake in the M.L.C. regarding the name of the applicant since the body was recovered by the police and only later identified to be that of deceased Babita. Moreover a blood-stained iron rod was recovered from the possession of the present applicant and the doctor of the postmortem has certified that the death was due to cardiorespiratory failure as a result of head injury and the injury was sustained with hard and blunt object. And hence Counsel submitted that there is no doubt of the implication of the applicant. Hence, Counsel has prayed for dismissal of the application. On considering the above submissions and looking to the nature of allegations, I find that the application is without merit and looking to the grave nature of the offence no sympathy can be extended to the present applicant. Consequently the application being devoid of merit is hereby dismissed as such.