PANSINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) Heard through Video Conferencing. This is a repeat (3rd) application filed under section 439 Cr.P.C. by the applicant who has been arrested by the police on 22.7.2019 in crime No. 737/2019, P.S. Jhabua for the offence punishable under sections 147, 148, 149, 323, 307 of IPC and under section 25, 27 of the Arms Act. The earlier applications were dismissed on merit.

(2.) As per prosecution story, complainant " Bhursingh lodged the report that on 22.7.2019 near about at 6 pm. he was working on his agricultural field then Kesra armed with gun; Misra armed with small gun; Bharu S/o. Nana Damor armed with 'Falia; Vijendra armed with 'Falia', Vinu armed with 'Gofan'; Amnu armed with bow and arrow; Raju armed with 'Dang'; Bhuru S/o. Juvansingh armed with small gun; Pansingh armed with small gun; Sursingh armed with bow and arrow; Bhau armed with 'Gofan'; Radhu armed with bow and arrow came there with a common intention and told to Mansingh and Khelsingh that why they killed Nana Damor. Thereafter, Kesra with an intention to kill fired towards Mansingh and he sustained injury on his right leg from pallets, he fell down and thereupon, Kesra thrown a big stone due to which Mansingh suffered an injury on his leg. Misra with an intention to kill fired from his gun and due to which, the pallets caused injury on the chest of complainant Bhursingh. Pansingh also fired from his gun on Bhursingh, but he lay down on the earth and did not sustain any injury. Amnu caused the injury from arrow on the left hand of Bhursingh and Raju caused the injury by 'Dang' on the thigh of Bhursingh. Thereafter, they shouted and other persons came on the spot and the assailants ran away. The Police registered the aforesaid crime. There is a dispute in respect of agricultural land between the assailants and the injured party. The assailants have also lodged the police report under Crime No.736/2019 on 22.7.2019 at 1.46 am. against 9 accused in the same Police Station.

(3.) Learned counsel appearing for the applicant submits that applicant has fired gun shot but nobody was injured. Applicant has no criminal antecedents. He is in jail since 22.7.2019. There is no progress in the trial. Only charges have been framed. The other co-accused persons have been granted bail by this Court. Co-accused Bhuru has also been granted bail by this Court and the applicant is having parity with his case. There is also a cross case registered against the complainant party bearing crime No. 736/2019. In these circumstances, learned counsel prays for grant of bail to the applicant.