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[Cites 2, Cited by 3]

Madhya Pradesh High Court

Mo. Mansur vs State Of Mp on 1 July, 2020

Author: Nandita Dubey

Bench: Nandita Dubey

                                 1

    HIGH COURT OF MADHYA PRADESH : JABALPUR
             M.Cr.C. No. 16508/2020

               ( Mo.Mansur Vs. The State of M.P.)

PRESENT :

HON. SMT. NANDITA              DUBEY,    J   (THROUGH      VIDEO
CONFERENCING)

Jabalpur, Dated : 01.07.2020


      Shri Mohd. Aadil Usmani, learned counsel for the
applicant.
      Shri Shivam Hazare, learned Panel Lawyer for the
respondent/State.

On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 20.04.2020 in connection with Crime No. 135/2020 registered at P.S.Dhanpuri District Shahdol for the offence punishable under Section 307 of IPC.

The allegation against the present applicant is that he along with other co-accused went and assaulted the complainant with iron rods on his head.

Learned counsel for the applicant submits that no grievous injury has been caused to the complainant and the complainant was discharged from the hospital within 24 hours. He further submits that applicant has been falsely implicated in this case due to previous enmity and trial would take 2 considerable time to conclude, therefore, he be released on bail.

On the other hand, learned Panel Lawyer for the State has vehemently opposed the bail application and prayed for rejection of the same. He submits that as per medical report, lacerated wound was found on the left parietal region of the complainant and he was advised for X-ray. It is further stated that there is criminal antecedents against the present applicant and ten criminal cases were registered against him.

Considering the aforesaid, at this stage, I am of the view that it is not a fit case to enlarge the applicant on bail, therefore, the application is dismissed.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Shivam Hazare, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

Certified copy/e-copy as per rules/directions.

Digitally signed by RAVI SHANKAR SHRIVASTAVA (Nandita Dubey)

Date: 2020.07.01 15:48:25 +05'30' Judge rss