Court No- 1

Bench: HON'BLE CHIEF JUSTICE

HON'BLE MS. JUSTICE HIMA KOHLI
Item no- 15

SLP(Crl) No. 007446 - / 2022

Case Title : MUKESH SINGH RAWAT vs. STATE OF M.P.
Case details: The applicant was arrested under Sections 302, 147, 148, 149,
323, 294, 120-B and 307 of IPC and Sections 25/27, 30 of Arms Act. The first
application for the grant of anticipatory bail was filed prior to the admission
of this case in the Supreme Court under section 438 of Cr.PC

Facts: It was submitted by the counsel for the applicant that as per the FIR,
gunshot was fired by Poshan. It was submitted that the police was out and as such
out to protect the accused persons. In fact the brother of the deceased is a Sarpanch
and the plantation was to take place on the forest land, which was to be done by the
Forest Department itself. The accused party had encroached upon the forest land
and when the forest land was pointed out to the Forest Department by the brother
of the deceased, the accused persons developed a grudge against him. It was
further submitted that the complainant party was beaten and when they were in the
police station to lodge a report, some of the police personnel posted in the police
station itself informed the accused party and accordingly, the complainant party
was attacked inside the police station premises itself and thereafter, the incident
took place in the agricultural field.

Court Observed:- This Court while deciding bail application of the co-accused
Saroj Rawat (supra) had considered the following submissions made by the
counsel for the complainant.

Held by Court: Without commenting on the inherent lapses, which are in the
closure report coupled with the fact that an FIR is not an encyclopedia and the
applicant is specifically named in the FIR and in absence of anything to show that
the applicant was not present in the village / place of incident, this Court is of the
considered opinion that it is not a fit case for grant of anticipatory bail.
Accordingly, the application fails and is hereby dismissed.

Court No- 1
Bench: HON'BLE CHIEF JUSTICE
HON'BLE MR. JUSTICE CT RAVIKUMAR
HON'BLE MS. JUSTICE HIMA KOHLI
Item no- 14

SLP(Crl) No. 007481 - / 2022

Case Title : DAVINDER SINGH vs. THE STATE OF PUNJAB
Case details: The previous petition was filed under section 438 Cr.P.C. for
grant of anticipatory bail to the petitioner in the case of FIR No. 112 dated
5..9.2021 under Sections 307, 186, 353, 333 of IPC (offence under
Section 120-B IPC added later on and Sections 25/27 of Arms Act

Facts: There was a huge recovery of 42 cartridges of 32 bore pistols from the
double bed and 5 boxes containing 88 live cartridges of 32 bore were also
recovered from the almirah and in this way huge quantity of ammunition has been
recovered from the bedroom of the petitioner. The police party were on Naka
stopped two persons who fired upon the police people and one of the police
official, namely, Paramjit Singh was injured and there was also large recovery
from the aforesaid two persons and the persons who were apprehended had stated
that they had got the ammunition from the present petitioner.

Court Observed:- It is a case where two persons had allegedly fired upon the
police party and one of the police personnel was injured and they were
carrying large number of ammunition which according to them was taken
from the present petitioner from whose bedroom there was a huge recovery of
arms and ammunition.

Held by Court: This Court after considering the totality of the facts and
circumstances of the present case is of the view that the petitioner does not deserve
the concession of anticipatory bail. Consequently, finding no merit in the present
petition, the same is, hereby, dismissed.