Madhya Pradesh High Court
Sheikh Mohd. Arsh @ Shavez Sheikh @ Lala vs The State Of Madhya Pradesh on 8 August, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 8 th OF AUGUST, 2023
MISC. CRIMINAL CASE No. 32963 of 2023
BETWEEN:-
SHEIKH MOHD. ARSH @ SHAVEZ SHEIKH @ LALA S/O
SHRI JAHID SHEIKH, AGED 27 YEARS, OCCUPATION:
LABOR R/O 22/7 AZAD NAGAR INDORE AT PRESENT 28
AZAD NAGAR INDORE (MADHYA PRADESH)
.....APPLICANT
(SHRI AVINASH SIRPURKAR - SENIOR ADVOCATE ALONGWITH SHRI
BABLU PATEL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION TUKOGANJ, DISTRICT INDORE (MADHYA
PRADESH)
.....RESPONDENT/STATE
(BY SHRI HEMANT SHARMA - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
2. This is second application filed under Section 439 of Cr.P.C. for grant o f bail to the applicant, as he has been arrested on 26.05.2023 in connection with FIR/Crime No.219/2023, Date:- (Not mentioned) registered at P.S. - Tukoganj, District- Indore (M.P.) for commission of offence punishable under Sections 307, 323, 294, 506, 147, 148 and 149 of IPC.
3. The first application filed under Section 439 of Cr.P.C. was dismissed as withdrawn vide order dated 04.07.2023 in MCRC No.27176/2023 with Signature Not Verified Signed by: SHRUTI JHA Signing time: 10-08- 2023 12:13:09 2 liberty to renew the prayer after filing of charge-sheet.
4. Prosecution story, in brief, is that on 25.05.2023, at around 11:00 PM, the complainant Himanshu Patel alongwith his friends Yash, Rohit and Chirag Jain were standing in front of a Kulfi Seller in Dhenu Market, Indore. At that time, 30-40 persons belonging to Muslim community came there and they started beating a boy and a girl. They were questioning that why that boy is roaming with a girl, who is of Muslim community. After seeing the incident, the complainant and his friends opposed the members of Muslim community. All the persons of the Muslim community reached the Bal Vinay Mandir with the aforesaid boy and girl. The complainant and his companion also went behind them. The persons of Muslim community started fighting with the boy, the complainant tried to save him. Co-accused Shoaib stabbed the complainant in the right side of stomach and at the back of left thigh. Yash Joshi also came to save him but was stabbed in the back of left thigh and on buttock by co- accused Shoaib and his companion. Co-accused persons Shavez Lala, Muzzamil Amil Lala, Saif and Chotu alias Arbaz had abused the complainant party. The injured person were also physically assaulted by the accused persons by fists. After that the accused persons gave life threat to the complainant party to not report the matter to the police. The complainant Himanshu Patel lodged a report in the same night against the accused person Shoaib, Shavez Lala, Muzzamil Amil Lala, Saif and Chotu alias Arbaz at P/S Tukoganj, Indore.
5 . Learned counsel for the applicant submitted that applicant has not committed the offence and has falsely been implicated in the case. Main accused is Shoaib Khan, who stabbed the complainant and injured persons.
Signature Not Verified Signed by: SHRUTI JHA Signing time: 10-08- 2023 12:13:09 3The applicant had not assaulted them. The applicant is in custody since 26.05.2023. After completion of investigation, charge-sheet has been filed. Trial will take considerable time for its disposal. On these grounds prayer is made to enlarge the applicant on bail.
6. On the other hand, learned Govt. Advocate appearing on behalf of the respondent/State has opposed the application and prayed for its rejection.
7. Having heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case, also looking to the act of the present applicant, without commenting on merit, the application is allowed.
8. It is directed that the applicant - SHEIKH MOHD. ARSH @ SHAVEZ SHEIKH @ LALA be released on bail upon his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
9. This application is allowed and stands disposed of. C.c. as per rules.
(PRAKASH CHANDRA GUPTA) JUDGE Shruti Signature Not Verified Signed by: SHRUTI JHA Signing time: 10-08- 2023 12:13:09