Madhya Pradesh High Court
Aslam Khan vs The State Of Madhya Pradesh on 13 July, 2022
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 13th OF JULY, 2022
MISC. CRIMINAL CASE No. 30314 of 2022
Between:-
ASLAM KHAN S/O MOHD. SALIM , AGED ABOUT
34 YEARS, OCCUPATION: FARMER R/O WARD
NO. 1, INDORE ROAD, NEAR IDGAH, ALIPUR
ASHTA, DISTRICT SEHORE (MADHYA
PRADESH)
.....PETITIONER
(BY MS.SMITA VERMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION PARVATI DISTRICT SEHORE
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SOUMYA DIXIT, PANEL LAWYER )
ORDER
This is the repeat (third) bail application filed by the applicant under Section 439 of the Cr.P.C. His first application was dismissed as withdrawn vide order dated 05.07.2021 and second application was dismissed on merits vide order dated 29.10.2021.
T h e applicant is under custody since 28.04.2021 in connection with Crime No. 50/2021 registered at P.S. Parvati, District Sehore M.P. for the offences registered under Sections 294, 323, 506, 147, 148, 336, 307, 427 of IPC.
As per prosecution, on account of putting Murram on the plot an Signature Not Verified SAN altercation took place between the complainant and applicant. It is stated that Digitally signed by BHARTI GADGE the present applicant along with other co-accused persons assaulted the Date: 2022.07.13 17:12:30 IST 2 complainant with lathis and stones.
The allegation against the present applicant is that he caused injuries to one Rais with lathi on his hand and head. The MLC report though states that the injuries were grievous in nature and he was sent for X-ray but it is fairly stated by the counsel for the State that no X-ray report is available with Challan. Except for Section 307 of IPC all other offences against the present applicant are bailable.
Considering that the X-ray report is not available on record to verify the nature of injuries of Rais, this application is allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE b Signature Not Verified SAN Digitally signed by BHARTI GADGE Date: 2022.07.13 17:12:30 IST