Madhya Pradesh High Court
Sharukh @ Shahid Bachha @ Raja vs The State Of Madhya Pradesh on 23 March, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
The High Court Of Madhya Pradesh
CRA No.1998/2022
(FAIZUDDIN VS. THE STATE OF MADHYA PRADESH)
CRA No.2259/2022
(SAJID LAKHERA VS. THE STATE OF MADHYA PRADESH)
CRA No.2512/2022
(SHARUKH @ SHAHID BACHHA @ RAJA VS. THE STATE OF MADHYA PRADESH)
Jabalpur, Dated: 23.03.2022
Shri Sandeep Koshta, learned counsel for the appellant-
Faizuddin in Criminal Appeal No.1998/2022.
Shri A. K.Jain, learned counsel for the appellant-Sajid
Lakhera in Criminal Appeal No.2259/2022.
Shri Jafar Khan, learned counsel for the appellant-Sharukh
@ Shahid Bachha @ Raja in Criminal Appeal No.2512/2022.
Shri Pramod Kumar Choubey, learned Deputy Government
Advocate for the respondent/State.
Trial Court record has been received.
Heard on admission.
Prima facie the aforesaid appeals seem to be arguable. Hence, admitted for final hearing.
Heard on I.A.No. 3986/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant Sajid Lakhera and I.A.No. 4534/2022 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and 2 grant of bail to appellant Sharukh @ Shahid Bachha @ Raja.
Learned counsel for the appellant-Sajid Lakhera submitted that appellant Sajid Lakhera is suffering from paralysis and is not able to walk even. He has filed some photographs showing sores and scrapes on the back of appellant Sajid Lakhera.
Before passing any order on the application of appellant Sajid Lakhera, it appears necessary to call for a report from the concerned Jail Superintendent regarding health condition of the appellant Sajid Lakhera.
Let report be called for accordingly within two weeks.
This matter be listed for consideration on I.A.No.3986/2022 after receipt of report.
Appellant Sharukh @ Shahid Bachha @ Raja has been convicted under Sections 307/34 and 120-B of the IPC and has been sentenced to undergo RI for 5 years with fine of Rs.1000/- and RI for 5 years with fine of Rs.1000/- respectively, with default stipulation.
Learned counsel for appellant Sharukh @ Shahid Bachha @ Raja submits that in this case the appellant is in jail since 09.02.2019 and has suffered for more than 3 years incarceration. Learned trial Court has awarded only 5 years jail sentence to him. Only allegation against him is that he was driving the motorcycle on which main accused Faizuddin was sitting as a pillion rider and had fired a shot causing life threatening injury to injured Ayub @ 3 Kala. He further submitted that appellant Sharukh has not caused any injury to injured. Therefore, it has been prayed that appellant Sharukh @ Shahid Bachha @ Raja be released on bail.
Learned Deputy Government Advocate for the respondent/State has opposed the prayer for suspension of jail sentence and grant of bail to the appellants.
On a perusal of material available on record, it is revealed that named Dehati Naleshi was recorded against appellants Faizuddin and Sharukh @ Shahid Bachha @ Raja on the basis of information given by injured Ayub @ Kala that when he was coming towards his home after parking his car, appellants Faizuddin and Sharukh @ Shahid Bachha @ Raja riding on a motorcycle came there. The motorcycle was being driven by appellant Sharukh @ Shahid Bachha @ Raja and appellant Faizuddin was sitting on it as pillion rider. Faizuddin shot a fire towards him with an intention to kill him. He sustained bullet injury on his back. Thereafter, both the appellants riding on the same motorcycle fled away towards Sindhi colony side.
In Ex.P/2, injured Ayub @ Kala has named appellants Faizuddin and Sharukh @ Shahid Bachha @ Raja. In his evidence, injured Ayub @ Kala has specifically stated about the role played by appellants Sharukh @ Shahid Bachha @ Raja and accused Faizuddin in commission of offence. On a perusal of Ex.P/19, it is apparent that appellant Sharukh @ Shahid Bachha @ Raja has a criminal history as 23 criminal cases have been 4 registered against him between a period from the year 2015 to 2019.
Therefore, having considered the availability of oral and documentary evidence on record along with criminal background of appellant Sharukh @ Shahid Bachha @ Raja, I am not inclined to release him on bail.
Consequently, I.A.No.4534/2022 is dismissed.
(DINESH KUMAR PALIWAL) JUDGE BIJUbBABY 2022.03.2 5 19:33:51 +05'30'