Madhya Pradesh High Court
Shabuddin vs The State Of Madhya Pradesh on 12 July, 2024
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 12th OF JULY, 2024
MISC. CRIMINAL CASE No. 27593 of 2024
ASLAM @ BHAIYYU
Versus
THE STATE OF MADHYA PRADESH
................................................................................................
Appearance:
(MS. SUDHA SHRIVASTAVA- ADVOCATE FOR THE APPLICANT)
(SHRI AJAY RAJ GUPTA- P.L./G.A. FOR THE STATE)
MISC. CRIMINAL CASE No. 24509 of 2024
SHABUDDIN
Versus
THE STATE OF MADHYA PRADESH
..................................................................................................
Appearance:
(SHRI NAVEEN KUMAR SINGH- ADVOCATE FOR THE APPLICANT)
(SHRI AJAY RAJ GUPTA- P.L./G.A. FOR THE STATE)
.................................................................................................
ORDER
1] They are heard and perused the case-diary.
2] This order shall govern the disposal of both the applications as
both the cases have arisen out of the same Crime No.197 of 2023 registered at Police Station Khajrana, District Indore.
Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 7/15/2024 6:37:55 PM 23] M.Cr.C. No.27593 of 2024 is the third bail application filed by applicant Aslam @ Bhaiyyu, and M.Cr.C. No.24509 of 2024 is the first bail application filed by the applicant Shabuddin (Shahbuddin) under Section 439 of Cr.P.C. as they are implicated in connection with Crime No.197/2023, registered at Police Station Khajrana, District Indore (MP) for offences punishable under Sections 302, 323, 294, 506 and 34 of the Indian Penal Code, 1860. The applicants are in custody since 18.08.2023 and 05.03.2023 respectively. 4] It is alleged against the applicants that both of them inflicted knife injuries on the deceased's thigh and back, resulting in his death. 5] Counsel for the applicants has emphasized that even assuming the case of the prosecution to be correct, there was no intention on the part of the applicants to cause the death of the deceased Sahil, as the injuries were inflicted on the lower limbs only. 6] In support of his submissions, Shri Naveen Kumar Singh counsel for the applicant Shahbuddin has also relied upon the decisions rendered by the Supreme Court in the case of Harjinder Singh Alias Jinda Vs. Delhi Administration, reported as 1968 AIR 867, and Amiruddin Vs. State (Delhi Admn.), passed in Criminal Appeal No(s).399/2010 dated 17.09.2019, as also the decision rendered by the Division Bench of this Court in the case of Babla @ Siddiki Vs. State of M.P., passed in CRA No.1556/2018 dated 22.10.2021. Thus, it is submitted that both the applications may be allowed as the applicants are lodged in jail since 18.08.2023 and 05.03.2023 respectively, and only five witnesses have been examined out of 31 witnesses.
Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 7/15/2024 6:37:55 PM 37] Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that looking to the injuries suffered by the deceased, and the cause of death as opined by the doctor, no case for grant of bail is made out.
8] Thus, it is submitted that no case for grant of bail is made out. It is further submitted that so far as the applicant Aslam is concerned, against him, as many as 21 criminal cases have been registered under different sections of IPC and other Acts, and 17 prohibitory proceedings have also been initiated. Thus, it is submitted that looking to the criminal antecedents of the applicant Aslam, no case for grant of bail is made out, however, it is not denied that there are no criminal antecedents of the applicant Shahbuddin. 9] Heard. Having considered the rival submissions, on perusal of the case-diary and taking note of the injuries inflicted by the applicants, it is found that the dehati nalishi itself has been lodged by the deceased himself while he was alive, naming both the accused persons and one Arshad as the assailants.
10] So far as the injuries are concerned, as per the MLC, they are as under :-
"1) I.W. 3x1cm x ? over (L) Hip lateral side with oozing bleeding +
2) I.W. 2x1cm x ? over (L) Mid Thigh with oozing bleeding +
3) I.W. 3x1cm x ? over (L) Lower Thigh with oozing bleeding (+)"
11] In the said MLC, the depth of the wounds could not be measured by the doctor, which could be measured only in the P.M. report, which reads as under:-
"1. SSW present postero laterally over left buttock, 16.0 cm below upper part of left iliac bone and 5.0 cm behind over left upper buttock with 02 stitches in situ length 2.2 cm, depth of injury Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 7/15/2024 6:37:55 PM 4 is 3.0 cm, the injury is horizontally placed.
2. SSW present 30.0 cm below to the upper part of left iliac bone, the injury is right oblique and over mid line of lateral part of left high with 02 stitches in situ of length 1.5 cm, depth of injury is 1.6 cm.
3. SSW present over postero lateral lower part of left high about 48.0 cm below upper part of left iliac bone and 3.0 cm to posterior part from midline horizontally placed with 02 stitches in situ of length 2.3 cm. The wound has entered obliquely upwards inward puncturing blood vessels (Popliteal artery) with ecchymosis all around ad clotted blood all around, approximate length of injury is 7.0 to 8.0 cm.
4. Bluish blackish contusion of size 20 x 5.0 cm vertically placed over lateral lower pat of left leg."
12] It is apparent that the injuries have been inflicted with quite a force, which has resulted in the death of the deceased, may be after three days of the incident, and further considering the fact that the against the applicant Aslam, as many as 21 cases have been registered, it is hardly material that he had not intended to inflict any injury on the upper limb of the deceased as it is a common knowledge, especially amongst the hardened criminals, that an injury to the thigh can prove to be life threatening and can certainly result in death, but its advantage can be availed by them by interpreting the law in their favour.
13] In such circumstances, so far as applicant Shahbuddin is concerned, since he was accompanying a hardened criminal, he cannot claim innocence because no other case is registered against him. Thus, this court is not inclined to accept the contentions of the learned counsel for the applicants that at this stage it is not a case falling u/s.302 but under s.304 part II of IPC, hence, no case for grant of bail is made out.
Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 7/15/2024 6:37:55 PM 514] So far as the decisions relied upon by the counsel for the applicants are concerned, the aforesaid decisions can be used by the applicant at the time of final hearing of the matter before the trial court.
15] Accordingly, both the applications are dismissed.
(SUBODH ABHYANKAR) JUDGE Bahar Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 7/15/2024 6:37:55 PM