Madhya Pradesh High Court
Tabish @ Taarik Khan vs The State Of Madhya Pradesh on 15 March, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 15 th OF MARCH, 2023
CRIMINAL APPEAL No. 2439 of 2023
BETWEEN:-
TABISH @ TAARIK KHAN S/O HISAB KHAN, AGED
ABOUT 22 YEARS, VILLAGE KHAMARIYA KHURD
POLICE STATION SILVANI DISTRICT RAISEN (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI MOHAN SAUSARKAR, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
STATION HOUSE OFFICER POLICE STATION
SILVANI DISTRICT RAISEN (MADHYA PRADESH)
2. VICTIM A S/O NOT MENTION THROUGH POLICE
STATION SILVANI DISTRICT RAISEN (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD THAKRE, GOVT. ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This is first criminal appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for grant of bail to the appellant against order dated 04.07.2022 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Raisen (M.P.).
2. Appellant is in jail since 19.03.2022 in connection of Crime Signature Not Verified No.106/2022, registered at Police Station Silvani, District Raisen (M.P.) for the Signed by: NEETI TIWARI Signing time: 3/16/2023 5:38:03 PM 2 offences punishable under Sections 147, 148, 149, 294, 506, 323, 307, 302, 435, 201 of Indian Penal Code, 25, 27 of Arms Act & Section 3(2)(R), 3(1)(s), 3(2)(va), 3(2)(v) of SC/ST (POA) Act.
3. It is submitted by the counsel appearing for the appellant that appellant has not been named in FIR. As an afterthought, his name is taken. Appellant is innocent and has falsely been implicated in the case. In these circumstances, appellant may be enlarged on bail.
4 . Learned Govt. Advocate appearing for State opposed the criminal appeal for grant of bail. It is submitted that FIR is not encyclopedia of the prosecution case. FIR is only an information on basis of which, investigation starts. After recording of FIR and during course of investigation, it was found that appellant was also involved in offence. Two witnesses namely Rakesh & Phuddilal have specifically mentioned that appellant was carrying a gun and was firing on the crowd. It is submitted that 15 persons have received injuries and two persons have died in the incident. In these circumstances, prayer is made for dismissal of appeal for grant of bail.
5. Heard learned counsel for parties.
6. Two witnesses-Rakesh and Phuddilal have specifically mentioned about the role of appellant in the incident. Appellant is said to be carrying a gun. Though he is not named in FIR initially but two witnesses have specifically taken his name to be the person, who had assaulted the crowd and he was also firing.
7. Considering aforesaid facts and circumstances of the case and gravity of offence, criminal appeal filed by appellant is dismissed.
8. Appellant is at liberty to file an application after recording of Signature Not Verified Signed by: NEETI TIWARI Signing time: 3/16/2023 5:38:03 PM 3 statements of witnesses-Rakesh and Phuddilal in Court.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 3/16/2023 5:38:03 PM