Rajasthan High Court - Jodhpur
Shakoor Khan vs State Of Rajasthan on 31 October, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:34815]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10537/2023
Shakoor Khan S/o Sh. Gulab Khan, Aged About 50 Years, B/c
Mohammedan, R/o Vill. Swamiji-Ki-Dhani, P.S. Phalsund, Dist.
Jaisalmer (Raj.).
(Presently Lodged In Sub Jail, Pokhran, Dist. Jaisalmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr.Pradeep Kumar Shah.
For Respondent(s) : Mr.Salim Khan, P.P.
For Complainant : Mr.Deepak Menaria.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
31/10/2023 This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.47/2023 registered at Police Station Phalsund, District Jaisalmer, for offences under Sections 302, 341, 323 and 120-B IPC.
Learned counsel for the petitioner submitted that as per prosecution, on 29.8.2023 at around 9.00 am, Farooq Khan, Mohd. Khan, Yaqub Khan and Hussain went to offer prayers at Eidgah situated in village Phalsund. Thereafter, they went to a cemetery for offering flowers where, the petitioner alongwith co- accused persons came in a white coloured Scorpio vehicle and thereafter, inflicted lathi blows on Farooq Khan from behind, as a result whereof, Farooq Khan sustained injuries and fell to the (Downloaded on 12/11/2023 at 08:14:43 AM) [2023:RJ-JD:34815] (2 of 6) [CRLMB-10537/2023] ground. Thereupon, co-accused Mehboob Khan ran over his Scorpio vehicle over the legs of injured - Farooq Khan, who was already on the ground. The co-accused persons did not allow the complainant party to take Farooq Khan to hospital at Phalsund. However, the injured was brought to the hospital situated at village Bhaniyana, from where he was referred to MDM Hospital, Jodhpur and declared dead.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that investigating agency after making thorough investigation into the matter, has not found the incident as narrated by the complaint in the FIR to be correct version of the events which transpired. To substantiate this contention, attention of the Court was drawn towards the challan papers, wherein investigating agency has found that there was per- existing dispute between the complainant party and accused persons. On the fateful day, the deceased along with Mehboob Khan, Yakub Khan and Hussain with an intent to fight with the accused persons, went to their village- Phalsund, as a result whereof, a fight ensued between the parties. Both the parties suffered injuries and a cross FIR bearing No.48/2023 at PS Phalsund, District Jaisalmer under Section 384, 341, 323, 307, 365/511 IPC, has been filed by the accused persons against Mohd. Khan, Yaqub Khan and Hussain on 01.07.2023. Learned counsel submitted that challan papers clearly indicate that the complainant party was carrying lathis and other arms with them to assault the petitioner and other co-accused persons. One member of the (Downloaded on 12/11/2023 at 08:14:43 AM) [2023:RJ-JD:34815] (3 of 6) [CRLMB-10537/2023] accused party namely Iliyas Khan pulled a lathi from the Scorpio vehicle in which complainant party came at the place of occurrence and then inflicted a head injury upon deceased - Farooq Khan. After which, the petitioner handed over the keys of his vehicle and encouraged his son Mehboob Khan to run the vehicle over Farooq Khan which led to Mehboob Khan doing so.
The cause of death of the deceased mentioned in the post mortem report is shock due to poly-trauma.
Learned counsel submitted that the challan papers submitted by the investigating agency before the competent criminal court clearly show that the complainant party in a pre-planned manner reached the Dhani (residence of petitioner and co-accused persons) situated in village Phalsund and mercilessly beat them up. The complainant party were carrying blunt weapons (lathis) with them in their Scorpio vehicle, which prima-facie establishes that the complainant party had conspired to commit the alleged crime. Learned counsel submitted that there is no specific allegation against the petitioner that he in any manner inflicted any injury upon the deceased. Learned counsel submitted that events as mentioned in the challan papers clearly indicate that the petitioner and the accused persons were having a reasonable apprehension of being caused grievous hurt or death if they had not used force against the complainant party.
Lastly, learned counsel submitted that the challan against the petitioner has been filed by the investigating agency before the competent criminal court and trial is likely to take sufficiently long (Downloaded on 12/11/2023 at 08:14:43 AM) [2023:RJ-JD:34815] (4 of 6) [CRLMB-10537/2023] time and therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. It was urged that the post mortem report of the deceased clearly shows that the injuries were inflicted upon the head and other body parts of the deceased which led to his death. Drawing attention of the Court towards the statements of various eye- witnesses recorded under Section 161 Cr.P.C., learned Public Prosecutor submitted that the petitioner encouraged his son to run his vehicle over the deceased. Learned Public Prosecutor submitted that looking to the seriousness of the accusations against the present petitioner and the specific role assigned to him by the eye-witnesses in the commission of alleged crime, the petitioner does not deserve to be enlarged on bail.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case and perused the FIR, challan papers and the statements of the prosecution witnesses including the eye-witnesses, this Court prima facie finds that the complainant party and the petitioner were having pre-existing animosity and on the date of the incident complainant party went to the dhani of the petitioner and other accused persons armed with blunt weapons. In the fight which followed this event at the spur of the moment, the petitioner-accused party had also suffered injuries (Downloaded on 12/11/2023 at 08:14:43 AM) [2023:RJ-JD:34815] (5 of 6) [CRLMB-10537/2023] and an FIR in this regard has also been lodged against the complainant party under Section 384, 341, 323, 3307, 365, 511 IPC.
In this background, this Court finds sufficient force in the argument advanced by learned counsel for the petitioner that the petitioner and other accused persons had an apprehension of being killed or seriously injured and therefore, they were left with no option but to use force against the complainant party in self defence. A close scanning of the case file further indicates that the allegation against the present petitioner is of exhorting co-accused Mehboob and the petitioner was not directly involved in commission of alleged crime.
In view of the above discussion and considering the fact that challan against the petitioner has already been submitted by the investigating agency before competent criminal court, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shakoor Khan S/o Sh. Gulab Khan arrested in connection with F.I.R. No.47/2023 registered at Police Station Phalsund, District Jaisalmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(Downloaded on 12/11/2023 at 08:14:43 AM)
[2023:RJ-JD:34815] (6 of 6) [CRLMB-10537/2023] It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J /tarun goyal/ (Downloaded on 12/11/2023 at 08:14:43 AM) Powered by TCPDF (www.tcpdf.org)