HEMANT SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant is in custody in Crime No. 364/94 registered for the offences under Sections 342, 347, 307 and 302/34 IPC and Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities). Act, 1989.

(2.) AFTER the rejection of the bail application filed by the applicant under section 438 CLP.C. on 9.4.1994, the applicant has been arrested by the police. During investigation some of the witnesses were further examined including Surendra Sengar, Jagdish Prasad and Vinod to support the contentions that the deceased was found lying by the road side and was removed from the spot to the Civil Hospital, Shivpuri, in the Maruti Van MP07/ 4692, which was being driven by Vinod. At this stage, I do not wish to comment on the merits of the case as the investigation is still in progress and the challan has not yet been filed.

(3.) THE applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 50, 000/ - with two solvent sureties of Rs. 25, 000/ - each to the satisfaction of the C,J.M. Shivpuri, on the condition that he shall not in any manner tamper with the. prosecution evidence or influence the prosecution witnesses. In case the breach of the condition is found by the Court below, his liberty may be curtailed by the Court below without reference to this Court.