Madhya Pradesh High Court
Sadam Qureshi vs The State Of Madhya Pradesh on 8 June, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-5005-2020
The High Court Of Madhya Pradesh
MCRC-5005-2020
(SADAM QURESHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-06-2020
Shri Manish Tiwari, counsel for the applicant.
Shri Prakash Gupta, Panel Lawyer for the respondent / State.
The proceeding convened through Video Conferencing. Heard with the aid of case diary.
This is second application filed under section 439 Cr.P.C. Applicant Sadam Qureshi was arrested on 15.08.2019 in Crime No. 629/2019 registered at Police Station T.T. Nagar, District Bhopal for the offence punishable under Section 307/34, 120-B of IPC and Section 25/27 of Arms Act.
The first bail application of the applicant has been dismissed for want of prosecution vide order dated 07.01.2020 passed in M.Cr.C. 45726/2019.
As per the prosecution case, on 26.06.2019 complainant Mili Kinnar lodged a report that at 7:45 am when he along with Devi Singh Kinnar and Kajal Bambaiya was going towards Jawahar Chowk side from Devi Kinnar’s house by Amjad'€™s auto, on the way when his auto was passing in front of house no. IA/7 three boys came there on a bike and one of them fired at him due to which he sustained a gunshot injury in his left shoulder. These boys again tried to fire at him but the pistol did not fire. On that police registered Crime No. 629/2019 for the offence punishable under Sections 307, 34 IPC and Section 25 / 27 of the Arms Act and investigated the matter. During the investigation, it was found that Kajal Bambaiya used to quarrel with Neetu Kinnar and Simmi Kinnar and also assaulted them. So co- accused Simmi Kinnar and Neetu Kinnar in connivance with applicant Saddam and co-accused Bharat Keswani made a plan to murder Mili Kinnar, Devi Singh Kinnar and Kajal Bambaiya and for that, they hired co-accused Pawan in Rs.10,000,00/-. Co-accused Pawan also included Rahul, Ajay Kanade, Deepak @ Nanka, Naveen and Dinesh in this plan. On 26.06.2019 Digitally signed by RANJEET AHIRWAL Date: 08/06/2020 14:53:10 2 MCRC-5005-2020 co-accused Rahul, Deepak @ Nanka, Naveen @ Adarsh followed Mili Kinnar and Kajal Bambaiya and co-accused Naveen @ Adarsh fired at Kajal Bambaiya, but the bullet hit Mili Kinnar due to which he sustained an injury in his left shoulder.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of applicant and other co-accused persons implicated the applicant in the crime while memorandum of applicant and co- accused is not admissible in evidence against the applicant. Although it is alleged that police also seized call details of applicant and co-accused persons but only on that basis it cannot be said that applicant was also involved in the crime. Even the statements of injured Mili Sharma (PW/1), eye witnesses of the incident, Kajal Bambaiya (PW/2) & Devi Singh (PW/3) have been recorded by the Trial Court. They did not support the prosecution story and turned hostile and did not depose anything against the applicant. Applicant has been in custody since 15.08.2019. Charge sheet has been filed and the conclusion of trial will take time, so applicant should be released on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question. It is alleged that co-accused Simmi Kinnar, Bharat Keswani and Neetu Kinnar in connivance with applicant Saddam made a plan to murder Mili Kinnar, Devi Singh Kinnar and Kajal Bambaiya and for that, they hired co-accused Pawan in Rs.10,00,000/-. Co-accused Pawan also included Naveen @ Adarsh and other co-accused persons in the plan and on the behest of the applicant Saddam, co-accused Simmi, Neetu Kinnar and Bharat Keswani, co-accused Naveen @ Adarsh fired at Mili Kinnar due to which he sustained gunshoot injury in his shoulder, so applicant should not be released on bail.
Digitally signed by RANJEET AHIRWAL Date: 08/06/2020 14:53:103 MCRC-5005-2020 Looking to the facts and circumstances of the case and the contention of the learned counsel for the applicant and the fact that there is no direct evidence on record to connect the applicant with the crime, police only on the basis of memorandum of applicant and other co-accused persons and call details implicated the applicant in the crime, applicant is in custody since 15.08.2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE Digitally signed by RANJEET AHIRWAL Date: 08/06/2020 14:53:10 4 MCRC-5005-2020 (ra) Digitally signed by RANJEET AHIRWAL Date: 08/06/2020 14:53:10