Decided on February 25,2003

Amar Prasad Appellant


K.H.N. Kuranga, C.J. - (1.)HEARD both the counsel.
(2.)THIS petition under Section 439 of Cr.P.C. has been filed by applicants Amar Prasad, Arjun Prasad, Teekara Prasad and Hemlal for grant of bail. They are some of the accused in Crime No.76/2002, registered Police Station : Dabhra, for the offences punishable under Sections 147, 148, 149 and 302 of I.P.C.
(3.)IS is submitted that the incident took place on 22.06.2002 at about 11.00 P.M. in village Kudri in front of the house of the applicants. In respect of this incident, Amar Prasad - applicant No. 1 herein, filed a complaint before Dabhra Police and Crime No. 75/2002 was registered against deceased Ganga Prasad and others and on the complaint filed by Ramkumar Crime No. 76/2002 was registered against Brij Mohan and the applicants for the offences punishable under Sections 147, 148, 149 and 302 of I.P.C. It is further submitted that there are five accused persons in Crime No. 76/2002 namely Brij Mohan and the applicants and in Crime No. 75/2002 there are five accused persons namely Ramkumar -Complainant/injured, Mehatarram, Resham, Bharatram -injured and deceased Ganga Prasad. It is submitted that name of one more injured is Sawatram.
Learned counsel for the applicants submitted that applicant No. 1 -Amar Prasad, applicant No. 2 Anuj Prasad and Brij Mohan are injured and applicant No. 1 Amar Prasad has received serious head injury and fractures of his hands. Learned counsel further submitted that the accused persons in Crime No. 75/ 2002 have been released on bail by Judicial Magistrate First Class, Sakti, by his order dated 14.09.2002. He has relied upon a Judgment of M.P. High Court in the case of Bhanwar Lai Vs. State of M.P., reported in, 1998 (II) MPWN 191 in which the Court has held that "the case was registered for the offence under Sections 302/34, 323, 324, 294 and 506B of I.P.C., the accused have also received injuries and there is a case and cross -case, the applicants are entitled for bail." In the said judgment, judgment of Supreme Court in the case of Rukma (Smt.) and others Vs. Jala and others, reported in, 1997 (II) SCC 579 has been referred to and in the said case it is held that 'merely because the accused persons received less injuries and the complainant party received more serious injuries resulting in death of three persons, it could not be said that the accused were the aggressors.

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