Madhya Pradesh High Court
Illiyas vs The State Of Madhya Pradesh on 1 June, 2020
Author: Virender Singh
Bench: Virender Singh
1 MCRC Nos.14105 and 13892 of 2020
HIGH COURT OF MADHYA PRADESH
M.Cr.C. Nos. 14105/2020
(Illiyas Vs. State of M.P.)
&
M.Cr.C. No.13892 of 2020
(Aslam and another Vs. State of M.P.)
Indore: Dated:- 01/06/2020:-
Shri Sanjay Kumar Sharma, learned Counsel for the
petitioners--Illiyas, Aslam and Kale Kha @ Mohammad.
Shri Chetan Jain, learned Panel Lawyer for the
respondent/State.
Heard with the aid of case diary.
ORDER
1. These are the first bail applications under Section 439 of Cr.P.C. in connection with Crime No.550/2019 registered at Police Station - Y. D. Nagar, District--Mandsaur under Sections 147, 148, 149, 307, 323, 324 and 506 of IPC.
2. According to the prosecution case it is a conflict between close relatives and is a outburst of property dispute.
3. According to the facts on 16.11.2019 when complainant Mubarik, his cousins Iqbal and Sarfraj were tilling the field of their uncle Kalu Kha, the owner of adjacent farm Bhure Kha along with Aslam, Jafar, Kalia @ Mohammad and Mukhtiyar Mevati having axes, dharia, swords and sticks in their hands assaulted them. Their other family members Yunus, Iqbal S/o Aslam, Asif, Iliyas having swords and sticks in their hands also joined them. They all wielded arms in their hands and caused injuries to Mubarik, Iqbal and Sarfraj. Iqbal sustained lacerated wound on the head. On x-ray examination a linear fracture 2 MCRC Nos.14105 and 13892 of 2020 was observed. The doctor opined that this injury was dangerous to the life.
4. Submission of the learned Counsel for the petitioners is that the complainant and his cousins were tilling their farm land. Bhure Kha objected for the same, then all three assaulted him. As he was old man and could not resist them, his family members rushed to rescue him. During the scuffle between both the parties, both sides sustained injuries. Cross case has been registered. Only omnibus allegations have been made. No specific allegation has been made against the petitioners. No act is attributed to them.
5. It is further submitted by learned Counsel for the petitioners that other co-accused persons, namely, Bhure Kha and Iqbal have been granted bail by this Court vide order dated 19.02.2020 passed in M.Cr.C. No.1312 of 2020 and order dated 20.03.2020 passed in M.Cr.C. No.9711 of 2020 and the case of the present petitioners is identical to them, therefore, they be granted bail.
6. Learned Panel Lawyer has objected the bail applications, but has not controverted the parity as claimed by the learned Counsel for the petitioners.
7. Learned Panel Lawyer further submitted that following criminal cases have registered against the petitioners:-
Petitioner--Illiyas 1 Crime No. Under Sections 2 211/2008 341, 294, 506-B IPC 3 215/2008 452, 294, 323, 506-B, 34 IPC 4 244/2008 341, 323, 294, 327 IPC 5 241/2010 147,148,149,294,323, 506-B IPC 6 389/2011 294, 323, 506 and 34 IPC 3 MCRC Nos.14105 and 13892 of 2020 7 467/2014 323, 294, 341, 506 and 34 IPC 8 358/2006 294, 506-B and 34 IPC 9 397/2015 147,148,149,307,323 & 506 IPC Petitioner--Aslam Crime no. Under Section 1 132/89 341, 336, 323 IPC 2 204/91 294, 506 IPC 3 90/95 325, 324, 34 IPC 4 230/97 294, 506, 323 IPC 5 75/04 297, 333, 34 IPC 6 29/2005 110 Ja Fo 7 358/06 294, 506-B, 34 IPC 8 15/2007 429 IPC 9 211/2008 341, 294, 506-B IPC 10 215/08 452, 294, 323, 506, 34 IPC 11 244/08 341, 294, 323, 327 IPC 12 293/08 188 IPC, 4,11,14,15,16 MP Prohibitory Act 13 241/10 294, 147, 148 IPC 14 94/11 294, 323, 504, 34 IPC 15 316/11 447, 294, 506 IPC 16 194/12 447, 279, 506 IPC 17 304/09 397IPC 18 389/11 294, 323, 506, 34 IPC 19 463/11 447, 294, 506, 34 IPC 20 643/13 294, 323, 506 IPC 21 397/15 307,323,294,506,147,148,149 IPC 22 103/95 147, 148, 149, 323, 325 IPC 23 32/2017 294, 323, 506 IPC Petitioner--Kale Kha @ Mohammad Crime no. Under section 1 381/05 341, 294, 506-B IPC 2 357/06 294, 341, 506-B, 427, 452, 34 IPC 3 15/2007 429 IPC 4 89/2007 147, 336, 323, 294, 506-B IPC 5 211/2008 341, 294, 506 IPC 6 215/2008 452, 294, 323, 506-B IPC 4 MCRC Nos.14105 and 13892 of 2020 7 244/2008 341, 294, 323, 327 IPC 8 241/10 294, 147, 148, 149, 323, 506-B IPC and 25, 27 Arms Act 9 94/11 323, 294, 506, 34 IPC 10 389/11 294, 323, 506, 34 IPC 11 4_7/2014 323, 294, 341, 506, 34 IPC 12 512/14 341, 294, 506, 34 IPC 13 397/15 307, 147, 148, 149, 323, 506 IPC
8. In reply, learned Counsel for the petitioners made a statement at bar that all criminal cases have already been ended in acquittal of the petitioners and at present no criminal case is pending against them.
9. In the wake of COVID-19 pandemic, relying on the statement made by the learned Counsel for the petitioners in respect of acquittal in earlier criminal cases and after perusal of the case-diary, without commenting on merits of the case, both the applications are allowed.
10. It is directed that the petitioners Illiyas S/o Bhure Kha, Aslam S/o Bhure Kha and Kale Kha @ Mohammad S/o Bhure Kha be released from custody on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate sureties to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required further subject to the following conditions :-
(I) The petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;
(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The petitioners shall not commit any offence or involve in any criminal activity;5 MCRC Nos.14105 and 13892 of 2020
(iv) In case of their involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
11. The trial Court shall verify the fact of acquittal of the petitioners in earlier criminal cases registered against them before accepting the bail bond and if the statement is found incorrect, the bail granted by this Court shall be deemed to be cancelled.
(Virender Singh) Judge Pankaj Digitally signed by Pankaj Pandey Date: 2020.06.03 10:30:39 +05'30'