Madhya Pradesh High Court
Saddam Khan vs The State Of Madhya Pradesh on 23 June, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
MCRC No.28128/2021
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.28128/2021
(Saddam Khan s/o Jakir Khan
Versus
The State of Madhya Pradesh)
Indore, Dated 23.06.2021
Hearing through Video Conferencing.
Shri Anuj Bhargava, learned counsel for the applicant.
Shri Sachin Jaiswal, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
They are heard. Perused the case diary / challan papers. This is repeat (third) application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.59/2020 registered at Police Station Badnagar, District Ujjain (MP) for offence punishable under Sections 307, 147, 148, 149, 323, 294, 506, 341 and 325 of the Indian Penal Code, 1860 and also under Sections 25 and 27 of the Arms Act, 1959. His earlier bail applications have been dismissed by this Court as withdrawn.
The applicant is in custody since 26.02.2020. The allegation against the applicant is that he along with other co-accused persons caused grievous injuries to Zuberuddin (brother of the complainant) on 15.02.2020.
Counsel for the applicant has submitted that the trial is held up and until now not even a single witness has been examined and the Signature Not VerifiedDigitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.06.23 14:31:58 IST 2 MCRC No.28128/2021 applicant is in jail since 26.02.2020. Thus he is in jail since around one year.
Counsel has further submitted that co-accused Sabir and Zakir have already been enlarged on bail by this Court vide its order dated 29.04.2021 passed in Miscellaneous Criminal Case No.19200/2021 and the case of the present applicant is similar to them. Hence, counsel has submitted that looking to the period of incarceration, the application be allowed and the applicant be released on bail while maintaining the parity with other co-accused Sabir and Zakir.
Counsel has further submitted that the applicant is ready to comply with such conditions as may be imposed on him by this Court while granting bail.
Learned counsel for the respondent / State, on the other hand, has opposed the prayer for grant of bail and it is submitted that allegation against the applicant is that he caused lathi blow on the injured, although no corresponding injury has been caused to him.
It is further submitted that three more criminal cases have been registered against the applicant under Sections 323, 294 and 506 etc. of IPC as also under Section 25 of the Arms Act, 1959. Thus, no case for grant of bail is made out on the ground of parity also.
Having considered the rival submissions and on perusal of the case diary as also the earlier order (s) passed by this Court in respect of other co-accused persons and the fact that the final conclusion of Signature Not VerifiedDigitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.06.23 14:31:58 IST 3 MCRC No.28128/2021 the trial is likely to take sufficiently long time, this Court finds that the applicant has made out a case of parity with other co-accused persons, especially when he is in jail since last around one year and not a single witness has been examined until now.
Accordingly, without commencing anything on the merits of the matter, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed maintaining parity with other co-accused persons, subject to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only), and the said amount shall be subject to the final outcome of the case by the trial Court. It is further directed that upon applicant's depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) in a fixed deposit in a nationalized bank and producing the receipt / certificate of the same before the concerned trial Court, he shall be released on bail upon furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.
It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand Signature Not VerifiedDigitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.06.23 14:31:58 IST 4 MCRC No.28128/2021 cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the 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.
(Subodh Abhyankar)
Judge
Pithawe RC
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN RAMESH CHANDRA
PITHWE
Date: 2021.06.23
14:31:58 IST