Madhya Pradesh High Court
Noushad vs The State Of Madhya Pradesh on 25 September, 2017
1 Miscellaneous Criminal Case No.7758/2017 Miscellaneous Criminal Case No.8584/2017 25.09.2017
Shri Z.A. Khan, learned Senior Counsel with Shri Ramesh Gangare, learned counsel for applicant Tabrez s/o Abdul Shakoor in Miscellaneous Criminal Case No.7758/2017.
Shri Sachin Hirwa, learned counsel for applicant Naushad s/o Shakur Musalman in Miscellaneous Criminal Case No.8584/2017.
Shri Amit Singh, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh.
They are heard. Perused the case diary. These two first applications under Section 439 of Criminal Procedure Code, 1973 for grant of bail has been filed by applicants Tabrez @ Raja and Naushad, who are implicated in Crime No.211/2017 registered at Police Station, Pithampur Sector No.3, District Dhar (MP) for offence punishable under Sections 394 and 412 of the Indian Penal Code, 1860 and also under Section 25 read with Section 27 of the Arms Act.
The applicants are in custody since 11.07.2017 and 05.06.2017 respectively.
As per the case diary, on 23.05.2017, the applicants and other co-accused persons committed robbery by forcefully taking Cabin Chassis Temporary 2 No.UK061064 owned by Kamal Transport, Rudrapur Uttrakhan from Driver of chassis Budhpal and Zaiul Hauque, when they were over Khanghat Toll Tax Plaza. After looting chassis on the point of pistol, they also snatched purse of complainant Dilshad containing cash of Rs.23,000/- (rupees twenty three thousand), Driving License, Pan Card, Aadhar Card, Voter Card and also snatched his mobile of Micromax Company. On the ba- sis of complaint lodged by complainant Dilshad, alleged offence has been registered at Police Station Pithampur vide Crime No.211/2017.
During investigation, chassis was found at the in- stance of applicant Tabrez Khan @ Raja. He gave the aforesaid chassis to work shop of co-accused Naushad and at the instance of Raja @ Tabrez Khan, the chassis was recovered at the work shop of Shabbir Bhai at Kota. On the basis of memorandum of applicant Tabrez @ Raja, the aforesaid chassis of Ashok Leyland has been recovered from work shop at Kota. Three spare tyres (stepney) have been recovered from co-accused.
Shri Z.A. Khan, learned Senior Counsel for appli- cant Tabrez has submitted that even if the prosecution story is accepted, then also, a case under Section 411 of the Indian Penal Code, 1860 can be made out against 3 the present applicant; and prays for grant of bail to the applicant.
Shri Sachin Hirva, learned counsel for applicant (Naushad) submitted that the present applicant has been implicated in the alleged offence with the aid of Section 412 of the Indian Penal Code, 1860. There is no material evidence that the present applicant looted any article; and prays for grant of bail to the applicant.
In reply, learned Public Prosecutor for the non-ap- plicant / State of MP opposed the prayer and prays for rejection of the applications.
On due consideration of the totality of facts and cir- cumstances of the case, the material evidence available in the case diary and the nature of allegation made against the present applicants, no case for grant of bail, as prayed for is made, out.
Accordingly, Miscellaneous Criminal Case No.7758/2017 and Miscellaneous Criminal Case No.8584/2017 are dismissed.
(P.K. Jaiswal) Judge Pithawe RC