Wasim vs The State Of Madhya Pradesh on 20 April, 2023

[Cites 7, Cited by 0]

Madhya Pradesh High Court

Wasim vs The State Of Madhya Pradesh on 20 April, 2023

Bench: Anil Verma

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                 ON THE 20 th OF APRIL, 2023
                                         MISC. CRIMINAL CASE No. 15460 of 2023

                           BETWEEN:-
                           1.    WASIM S/O MOHAMMAD HUSSAIN QURESHI,
                                 AGED ABOUT 23 YEARS, OCCUPATION: LABOR,
                                 R/O: H.NO. 83, SCHEME NO. 9 NEEMUCH
                                 (MADHYA PRADESH)

                           2.    IMRAN S/O HANIF QURESHI, AGED ABOUT 31
                                 YEARS, OCCUPATION: LABOR, R/O: H. NO. 104,
                                 SCHEME NO. 9, NEEMUCH CANTT, DISTRICT
                                 NEEMUCH (MADHYA PRADESH)

                                                                                         .....APPLICANTS
                           (BY SHRI SANJAY KUMAR SHARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION NEEMUCH
                           CANTT, DISTRICT NEEMUCH (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI AJAY RAJ GUPTA - PANEL LAWYER)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

Applicants have filed this second repeated bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.300/2022 registered at P.S. Neemuch Cantt, District Neemuch (M.P.) for commission of offence punishable under Sections 323, 294, 506, 34, 302 and 201 of IPC. They are in jail since 30.05.2022.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-04-2023 10:36:00 2

As per the prosecution story, 27.05.2022, complainant lodged an FIR at P.S. Neemuch Cantt. District Neemuch by stating that on 25.05.2022 some petty issues took place in the marriage function Bindori. Thereafter, complainant Aasif Baig alongwith his father Majid @ Pappu and brother Aamin Baig were returning to their home. When they reached near at Gogamedi Temple, then applicant No.1 Wasim alongwith applicant No.2 Imran Baig and co-accused Shahrukh came there and started abusing them in filthy language. When Aamin objected, then applicant No.2 Imran gave a blow of wooden stick, due to which Aamin sustained injuries over his head and both of his legs. Applicant No.2 Wasim also gave a blow of Pattinuma knife, due to which Majid sustained injuries on finger of his right hand. Other co-accused persons also threatened them for life. During the treatment Aamin died. Accordingly a case has been registered.

At the outset, counsel for the applicant prays for withdrawal of the bail application on behalf of applicant No.2 Imran.

Accordingly, the second repeated bail application preferred under Section 439 of Cr.P.C to the extent applicant No.2 Imran is concerned, stands dismissed as withdrawn.

In respect of applicant No.1 Wasim, learned counsel submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 30.05.2022. Applicant Wasim did not cause any injury to the deceased Aamin. Limited allegation has been levelled against him. He is not the main accused. He is suffering jail incarceration for last 10 months. Injured Majid and other witnesses have been examined before the trial Court and all of them have turned hostile. Final conclusion of trial will take considerable long time.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-04-2023 10:36:00 3

Hence, he prays that applicant Wasim be released on bail. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that limited allegation has been levelled against applicant Wasim; he is not the main accused, who has caused any fatal injury; victim Majid has been examined before the trial Court and has not stated anything against the applicant Wasim and final conclusion of trial will take considerable long time. In view of the above, without commenting on the merits of the case, I deem it proper to release the applicant on bail.

Accordingly, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-04-2023 10:36:00

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court