Madhya Pradesh High Court
Saddam Musalman vs The State Of Madhya Pradesh on 8 March, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-7969-2021
The High Court Of Madhya Pradesh
MCRC-7969-2021
(SADDAM MUSALMAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-03-2021
Shri Manish Datt, learned Senior Counsel with Shri Pawan Gujar,
counsel for the applicant.
Shri Devendra Shukla, learned Panel Lawyer for the respondent/State.
Heard with the aid of case diary.
This is second bail application filed under Section 439 Cr.P.C. for grant of bail. Applicant Saddam Musalman was arrested on 4/12/2019 in connection with Crime No.227/2019 registered at Police Station Junnardeo, District Chhindwara for the offence punishable under Section 457, 380, 427, 120-B of the IPC and Section 3 & 4 of the Prevention of Damage to Public Property Act.
The first bail application of the applicant has been dismissed on merits by this court vide order dated 25/8/2020 passed in M.Cr.C.No.20344/2020.
As per prosecution case, in the intervening night of 23-24/07/2019, the applicant Saddam Musalman and other co-accused Kailash, Tahir, Shakib, Vasim, Raies, Iklakh stole a sum of Rs.45,30,700/- from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Market, Junnardeo after cutting the ATM machines by the gas cutter. Police arrested the applicant on 4/12/2019 and seized Rs.1,00,000/- and one cash tray of ATM Machine from the possession of co-accused Ravi Belvanshi, Rs.3,20,000/- from the possession of co-accused Kailash Pal and Rs.30,000/- from the possession of applicant Saddam Musalman.
Learned counsel for the applicant submits that applicant is innocent 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 co-accused, implicated the applicant in the crime, while memorandum of co-accused is not admissible in evidence against the Signature Not Verified SAN applicant without other evidence. Even otherwise the statement of prosecution Digitally signed by VARSHA SINGH Date: 2021.03.08 15:16:52 IST 2 MCRC-7969-2021 witnesses i.e. Ibrahim Matthew (PW-1), Shahid Ahmad (PW-2), Rahul Burman (PW-3), Ankur Soni (PW-4), Lokesh Jangde (PW-5) and Vinay Chouhan (PW-6) have been recorded by the trial Court. They did not depose anything against the applicant. The applicant has been in custody since 04/12/2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that earlier bail application filed by the applicant was dismissed on merits and thereafter there has been no change in circumstances. The statement of other material witnesses have to be recorded by the trial Court, so applicant should not be released on bail.
Earlier bail application of the applicant was dismissed on merits by this Court vide order dated 25/8/2020 passed in M.Cr.C.No.20344/2020 thereafter there has been no change in circumstances. The statement of other material witnesses have to be recorded by the trial Court. So looking to the allegations that the applicant and other co-accused persons stole a sum of Rs.45,30,700/- from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Market, Junnardeo after cutting those machines by gas cutter and the applicant has criminal past, this Court is not inclined to grant bail to the applicant at this stage.
Hence, the M.Cr.C. is rejected.
(RAJEEV KUMAR DUBEY) JUDGE VS Signature Not Verified SAN Digitally signed by VARSHA SINGH Date: 2021.03.08 15:16:52 IST