Madhya Pradesh High Court
Jafar @ Supari @ Imran vs The State Of Madhya Pradesh on 4 August, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-23776-2020
The High Court Of Madhya Pradesh
MCRC-23776-2020
(JAFAR @ SUPARI @ IMRAN Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 04-08-2020
Heard through Video Conferencing.
Shri Naveen Kumar , learned counsel for the applicant.
Ms. Sharda Dubey, learned P.L. for the respondent-State.
Heard.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 03.03.2020, in connection with Crime No.33/2020 registered at Police Station Amahiya District Rewa (M.P.) for the offence punishable under Sections 307 and 120-B/34 of IPC.
A s per prosecution story, the complainant-Javed Akhtar @ Jaddu belongs to Amahiya and he is undergoing punishment in some other case in the Central Jail, Satna. On 15.01.2020, he got released on parole for his son's wedding. On the date of incident i.e. 28.01.2020, he along with his son came to the road side and at about 15:35 pm his son left for some other work and they got separated, then the complainant started heading towards his house. In the mid of his way, two unknown person riding a bike came from the back side of the complainant and the co-accused Akil Kala shot him from the back due to which complainant sustained the injuries on the back. Thereafter some local persons took the complainant to the Hospital. During investigation, it was found that co-accused-Irshad has hired the applicant to kill the complainant and another co-accused Akil Kala, who is a shooter was called by the applicant in order to meet the ends.
Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. As applicant was just riding the bike and has not made any assault on the complainant, he was arrested without any substantial material against him i.e. only on the ground of 2 MCRC-23776-2020 suspicion. He further submits that other co-accused i.e. Aman Mansoori and Rakesh sen have been released on bail by this Court vide order dated 17.03.2020 and other co-accused Afsana Begum has also been released on anticipatory bail this Court vide order dated 06.03.2020. Apart from that there is no criminal past against the applicant. The investigation is completed and charge sheet has already been filed. Therefore, no fruitful purpose would be served by keeping the applicant into custody. Due to spread of COVID-19, the trial will take time for final disposal. There is no chance of his absconding or tampering with the prosecution evidence. He is ready to furnish bail as per the order, abiding by all the conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned P.L. opposes the bail application. Heard both the parties and perused the case diary.
On perusal of case diary, it is apparent that the applicant was riding the bike having one Akil Kala in the back, who allegedly shot the complainant. Although, the applicant/accused was not caught on the spot but he has been duly identified by the injured/victim through photograph. It is pertinent to mention that due to spread of Covid-19 pandamic, the TIP was conducted through photograph. The motor cycle was also seized at the instance of applicant. The other co-accused of the case are absconding.
Considering the aforesaid facts and circumstances of the case, it would not be appropriate to release the applicant on bail, therefore, this bail application is hereby dismissed.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2020.08.07 17:23:53 +05'30'