Madhya Pradesh High Court
Jigar @ Jikar vs The State Of Madhya Pradesh on 4 September, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2024:MPHC-IND:25700
1 MCRC-36997-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 4 th OF SEPTEMBER, 2024
MISC. CRIMINAL CASE No. 36997 of 2024
JIGAR @ JIKAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arjun Pathak -Advocate for the applicant.
Shri Romil Verma - Govt. Advocate for the respondent/State.
ORDER
HEARING ON BAIL APPLICATION This third repeat bail application has been filed by the applicant under Section 483 B.N.S.S. Act,2023 for grant of bail in connection with Crime No.695/2021 registered at Police Station, Sanawad ,District Khargone (M.P.) for an offence punishable under Sections 302, 397, 34, 120-B, 201 & 412 of IPC & 25/27 of the Arms Act. The applicant is in judicial custody since 20.12.2021.
His first application was dismissed on merits vide order dated 07.11.2022 passed in M.Cr.C. No. 48885/2022 and his second bail application was also dismissed on merits vide order dated 11.07.2023 passed in M.Cr.C. No. 19175/2023. Learned Counsel for the applicant submits that after rejection of earlier applications, 26 more prosecution witnesses have been examined.
As per the case of prosecution, Shamshul Haque and his brother Ibadul Haque were working as Gold Smith in their jewellery shop, at Solanki Market. On 12.12.2021, around 10:30 in the night, Ibadul Haque was returning home from his Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44 NEUTRAL CITATION NO. 2024:MPHC-IND:25700 2 MCRC-36997-2024 shop. Ibadul Haque was carrying gold jewellery in a bag. on his scooty vehicle. Two unknown persons came on a motorcycle. They intercepted scooty of Ibadul Haque. One of them fired on Ibadul Haque and the other snatched his bag containing gold jewellery. Ibadul Haque fell down on ground. The assailants fled away on motorcycle. Ibadul Haque was taken to Civil Hospital, Sanawad, where Medical Officer declared him dead. On such intimation, Police Station Sanawad, District Khargone (M.P.) registered FIR at Crime No.695/2021 for the offence punishable under Section(s)302, 397,34, 120-B, 201 & 412 of IPC and 25/27 of the Arms Act against two unknown offenders. In investigation, it was revealed that Sheikh Yaseen and Zahid discussed robbery of gold jewellery from Ibadul Haque with Aleem alias Haleem. Aleem alias Haleem called his friend Qadir and Saddam for reki. After conducting reki, Sheikh Yaseen, Zahid, Aleem and Qadir called Manoj Ratlami and Rahul from Indore. Manoj Ratlami, Aleem alias Haleem, Zahid, Sheikh Yaseen, Jigar alias Jikar(applicant), Qadir and Saddam planned robbery of gold jewellery from Ibadul Haque. As per plan, Jigar and Saddam informed Manoj Ratlami through missed call about Ibadul Haque leaving his shop with jewellery. Manoj Ratlami and Rahul intercepted Ibadul Haque. Manoj fired gunshot on Ibadul Haque and Rahul snatched the bag of gold jewellery from him. Manoj and Rahul fled away on their motorcycle. Qadir was arrested and on the basis of information given by him in police custody, Aleem alias Haleem, Jigar alias Jikar, Sheikh Yaseen, Zahid were arrested. Manoj Ratlami and Rahul were also arrested alongwith the looted property. One mobile phone was recovered at the instance of Jigar alias Jikar. On completion of investigation, final report was submitted on 16.03.2022. The trial is underway.
Learned counsel in addition to the grounds mentioned in the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44 NEUTRAL CITATION NO. 2024:MPHC-IND:25700 3 MCRC-36997-2024 application submits that applicant is falsely implicated in the matter merely on the suspicion and on the basis of statement of co-accused Qadir. No incriminating article is recovered at the instance of the applicant to connect him with the alleged offence. Learned counsel further submits that there is no allegation of providing of gun by the applicant in the material submitted with the final report or in the evidence of witnesses examined before the trial Court. The prosecution has failed to submit call detail report to show communication between applicant - Jigar alias Jikar and the main accused Manoj Ratlami as alleged in the statement of co- accused. Devram (PW-4), Raju Khan(PW-9) and Irfan (PW-21) did not support the case of prosecution with regard to alleged recovery and seizure at the instance of applicant. All material witness with regard to role of the applicant have been examined. There is no likelihood of tampering with remaining evidence by the applicant. Learned counsel also submits that applicant has already undergone custody for more than two years and eight months. 36 witnesses out of 77 prosecution witnesses have been examined. Applicant was aged 24 years at the time of arrest. He is a mechanic by profession. He has a family to look after. There is no likelihood of absconsion, leaving his home, family and profession. No criminal antecedent is reported against the applicant. Co-accused Sheikh Yaseen has been extended the benefit of bail vide order dated 09.09.2022 passed in M.Cr.C. No. 29608/2022. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of the alleged offence.
Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44 NEUTRAL CITATION NO. 2024:MPHC-IND:25700 4 MCRC-36997-2024 circumstances of the case, but without commenting on the merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant - Jigar alias Jikar S/O Saleem Sheikh shall be released on bail in connection with Crime No.695/2021 registered at Police Station Sanawad, District Khargone (M.P.) for offence punishable under Section(s) 302, 397/34, 120-B, 201 & 412 of IPC and Section 25/27 of Arms Act, upon furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One lac and Fifty Thousand only) with one solvent surety of same amount to the satisfaction of the Trial Court, for compliance with the following conditions,: (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44 NEUTRAL CITATION NO. 2024:MPHC-IND:25700
5 MCRC-36997-2024 cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA In case of breach of any of the preconditions of bail, the Trial Court may consider, on merit, the cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
The matter will be taken up after some time for hearing on online requisitioning of case diaries.
(SANJEEV S KALGAONKAR) JUDGE sh/-
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44NEUTRAL CITATION NO. 2024:MPHC-IND:25700 6 MCRC-36997-2024 HEARING ON ONLINE REQUISITIONING AND TRANSMISSION OF CASE DIARIES Mr. Kuldeep Singh Kushwah, Registrar (I.T. - C.S.A.), High Court of Madhya Pradesh and Mr. Chanchal Shekhar, A.D.G.(S.C.R.B.) appeared through video conferencing.
Shri Kuldeep Singh Kushwah states that seamless online requisitioning and transmission of information between Court System (CMIS) and Police System (CCTNS) is feasible through sharing of APIs (Application Programming Interface). The IT Section of High Court of M.P., under the approval of the competent authority, may share the APIs relating to the applications/petitions filed under Section(s) 482 and 483 of B.N.S.S., 2023 and Section 528 of B.N.S.S.,2023 to requisition digital FIR and status of investigation. The requisite information alongwith the digital copy of FIR and digital case dairy may be transmitted by CCTNS to CMIS through APIs .
Mr. Chanchal Shekhar, A.D.G.(S.C.R.B.) submits that seamless online transmission of requisite information is feasible. However, he flags certain issues that entire investigation may not be available in digital form. Presently, many documents relating to investigation are handwritten viz., Dehati Nalishi, Panchnamas, Search and Seizure Memos prepared outside the precincts of Police station. Mr. Shekhar further states that the MLC reports, Post-Mortem reports, Forensic reports are not transmitted to CCTNS digital form by the concerned duty holders. In order to forward complete case diary, all these physical documents need to be collated, scanned and uploaded on CCTNS.
Mr. Shekhar requests for grant of some time to get the status from all the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44 NEUTRAL CITATION NO. 2024:MPHC-IND:25700 7 MCRC-36997-2024 duty holders and his technical team with regard to feasibility and approximate time frame for working out the interoperable system of digital communication.
Prayer accepted.
Meanwhile, it is directed that the Registrar, IT-CSA shall co-ordinate with the IT team of S.C.R.B. with regard to technical modalities in working out a platform for mutual sharing of information and inform expected time frame for the Court end.
In order to facilitate online transmission of MLC reports and Post-Mortem reports from the medical centers, it would be appropriate to get the status of available resources (Hardware and Software applications) from the responsible Officers of Health Department, Govt. of M.P. Thus, it is directed that the Mr. Sandip Yadav, Principal Secretary, Department of Public Health and Medical Education, Govt. of M.P. and the Principal Secretary, Science and Technology Department/Chairman, M.P. State Electronic Development Corporation, Govt of M.P, be requested to join the next hearing on 24.09.2024 at 10:30 a.m. through Video Conferencing to address this Court on feasibility of online transmission of MLC reports, Post Mortem reports and other forensic reports from the Government Medical centres to the concerned Police stations through CCTNS.
List the matter for further hearing, only with regard to aforesaid aspect of the matter, on 24.09.2024 at 10:30 a.m. at the top of the list.
(SANJEEV S KALGAONKAR) JUDGE Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44 NEUTRAL CITATION NO. 2024:MPHC-IND:25700 8 MCRC-36997-2024 sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 06-09-2024 10:45:44