Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Mohammad Vakil vs The State Of Madhya Pradesh on 26 February, 2020

Author: Sunil Kumar Awasthi

Bench: Sunil Kumar Awasthi

                            M.Cr.C. No.7708/2020                             1




                                THE HIGH COURT OF MADHYA PRADESH
                                                   M.Cr.C. No.7708/2020
                                         (Mohammad Vakil vs. The State of Madhya Pradesh)

                            Indore, Dated: 26/02/2020
                                         Shri Bushra Khan, learned counsel for the applicant.
                                         Shri Gaurav Kumar Verma, learned Public Prosecutor
                            for the respondent/State.

Heard, Case-diary perused.

This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant- Mohammad Vakil who is implicated in connection with Crime No.184/2018, registered at Police Station-Jaora, District-Ratlam, concerning offence under Sections 302, 147, 148, 149, 294 of IPC, 1860 and Section 25 of Arms Act, 1959. Earlier application was dismissed as withdrawn vide order dated 25/09/2018 passed in M.Cr.C. No.37760/2018.

As per prosecution story, on 02/06/2018, the applicant along with co-accused persons went to the house of complainant- Mohammad Hussain and hurled abuses on account of previous dispute regarding cash transactions. On being stopped by Amzad, the accused persons assaulted him by sword and knife, due to which he sustained injuries. When the family members came in his rescue, the accused persons assaulted them also.

Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present crime. Although the name of the present applicant is shown as accused in 'Dehati Nalisi' and FIR, however, there is no allegation in the aforesaid documents against the applicant that he participated in the incident and caused any injury to the deceased.

Later on, police recorded the statement of the witnesses, in which for the first time it is alleged that the applicant also accompanied the persons who assaulted the injured by stick, but no such allegation is found placed in the FIR and in the 'Dehati Nalisi', which indicates that the complainant witnesses have exaggerated the story. The applicant is in custody since 04/08/2018. Investigation is over and charge-sheet has been filed. Conclusion of trial will take considerable time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by applicant is allowed. The applicant is directed to be released on bail on his/her furnishing a personal bond in the sum of Rs.75,000/- (Rupees seventy five thousand only), with one solvent surety in the like amount to the satisfaction of trial Court, with a condition that he/she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(S. K. AWASTHI) JUDGE sumathi Digitally signed by Sumati Jagadeesan Date: 26/02/2020 17:22:02