Bombay High Court
Jahid Khan @ Monu Javed Khan vs The State Of Maharashtra Thr. Pso Ps ... on 23 October, 2024
2024:BHC-NAG:12097
J.61.appeal.540.24+63.apeal.550.24.odt 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.510 OF 2024
AND
CRIMINAL APPEAL NO.550 OF 2024
CRIMINAL APPEAL NO.510 OF 2024
Sheikh Saddam Hafiz Khan
Aged about 30 years, Occupation - Labour,
R/o Nawa Nakasha, Near Qidwai Ground,
Lashakaribagh, Nagpur
...APPELLANT
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Police Station, Pachpaoli,
Nagpur
2. Sashim Pravin Shambharkar,
Aged 26 years, R/o House No.336,
Oppo Shyam Tambe Building,
Kidwai Maidan, Nawa Nakasha,
Lashkaribagh, Nagpur
...RESPONDENTS
_______________________________________________________
Mr. M.N. Ali, Advocate for the appellants.
Mr. N.B. Jawade, APP for the State.
Ms N.A. Vaidhya, Advocate (appointed) for respondent No.2.
_______________________________________________________
AND
CRIMINAL APPEAL NO.550 OF 2024
Jahid Khan @ Monu Javed Khan
Aged about 28 years, Occupation - Labour,
R/o Near Boriyapura, Power House,
Mominpura, Nagpur
...APPELLANT
J.61.appeal.540.24+63.apeal.550.24.odt 2/7
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Police Station, Pachpaoli,
Nagpur
2. Sashim Pravin Shambharkar,
Aged 26 years, R/o House No.336,
Oppo Shyam Tambe Building,
Kidwai Maidan, Nawa Nakasha,
Lashkaribagh, Nagpur
...RESPONDENTS
_______________________________________________________
Mr. M.N. Ali, Advocate for the appellants.
Mr. S.A. Ashirgade, Addl.P.P. for the State.
Ms N.A. Vaidhya, Advocate (appointed) for respondent No.2.
_______________________________________________________
CORAM : URMILA JOSHI-PHALKE, J.
DATED : OCTOBER 23, 2024.
ORAL JUDGMENT :
ADMIT. Heard finally with the consent of learned Counsel
for the parties.
2. This is an appeal under Section 14A of the Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter
referred to as 'the Atrocities Act' for short), the appellants have
challenged the order passed by the Additional Sessions Judge-13 and
Special Judge, SC and ST (Prevention of Atrocities) Act, Nagpur dated
23.08.2024 below Exhibit 119 in Special Case No.36/2022 and the order
passed by the Special Judge, SC and ST (Prevention of Atrocities) Act,
Nagpur dated 25.03.2022 below Exhibit 6 in Special Case No.36/2022.
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3. The appellant - Sheikh Saddam Hafiz Khan is arrested on
07.08.2022 and the appellant - Jahid Khan @ Monu Javed Khan is
arrested on 24.10.2021 in connection with Crime No.867/2021
registered under Sections 143, 147, 148, 302, 120B and 201 read with
Section 149 of the Indian Penal Code and under Section 4/25 of the
Arms Act and Sections 3(2)(v), 3(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. The accusation against the present appellants is on the basis
of report lodged by Sashim Pravin Shambharkar, who alleged that on
21.10.2021 at about 9.30 p.m. when he was at his house, one Sunna
Khan and auto-rickshaw driver Ashu and one another person came at
this house and called the deceased namely Goldi outside the house.
Thereafter, Goldi went along with them. After some time, he received a
message of one Matinbhai that Sunna and his friends were assaulting the
deceased by means of knife. He immediately rushed to the spot of
incident and saw that the present appellants and the another co-accused
assaulting him and giving blow of knife on the person of the deceased.
The deceased sustained grievous injuries and succumbed to the death.
On the basis of the said report, police have registered the crime against
the present appellants.
5. Learned Counsel for the appellants submitted that this Court
has already released some of the co-accused and the similar role is
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attributed to the present appellants. He submitted that the Investigating
Officer has recorded the statements of the eye-witnesses which attributes
the role to the present appellants to the extent of assault by fist and kick
blows. As far as the assault by knife is concerned, which is attributed to
the other co-accused namely Sunna Khan and Niyaz Sheikh. He
submitted that now the investigation is completed and charge-sheet is
filed. Since the date of the arrest, the appellants are behind bar. Their
further incarceration is not required. Moreover, they have not caused the
death of the deceased. As no weapon was attributed to the present
appellant, and therefore, they be released on bail.
6. Learned APP and learned Counsel for respondent No.2 in
both the applications strongly opposed the applications on the ground
that in furtherance of the common object, deceased was assaulted by the
present appellants and other co-accused. Though the investigation is
completed and charge-sheet is filed, the accused Saddam was
absconding and subsequently arrested. If he is released on bail, he would
tamper with the prosecution evidence. It is further submitted that
considering the nature of the offence which is grievous in nature, the
deceased has sustained in all 62 injuries on the person. Considering the
gravity of the offence, the learned Special Court has rightly rejected the
application and no interference is called for.
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7. Having heard the learned Counsel for the appellants,
learned APP for the State and learned Counsel for respondent No.2,
perused the investigation papers. Admittedly, the informant is not the
eye-witness of the incident. He reached at the spot of incident after the
deceased was assaulted. His statement is only to the extent that when he
rushed to the spot of incident he saw his brother lying in a pool of blood.
During investigation, several eye-witnesses came forward whose
statements are recorded. The statement of Abhishek @ Charlee Deepak
Kawale which is on record which shows that Sunna has given the blow
on the person of the deceased on the instigation of the present appellant
- Saddam. On his instigation Niyaz Sheikh has picked up the knife and
gave a repeated blow on the person of the deceased. Similar is the
statement of Pramesh Apparao Adhpaka. Thus, from the statements of
the eye-witnesses it reveals that it was the appellant - Saddam in
Criminal Appeal No.510/2024. On his instigation, co-accused have gave
a repeated blows on the person of the deceased. Due to the repeated
blows deceased has sustained the grievous injuries and that is also 62
injuries are received by the deceased and there was instantaneous death
of the deceased due to the said assault. As far as the other appellant -
Jahid Khan @ Monu Javed Khan is concerned the statements of the
eye-witnesses shows that only role attributed to him is assault by fist and
kick blows. Admittedly, the investigation is completed and charge-sheet
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is filed. There is no dispute as to the fact that the deceased has sustained
as many as 62 injuries on his person. The most of the injuries are in the
nature of the stab wound and the chop wounds. Admittedly, the
allegation against the appellant - Jahid Khan @ Monu Javed Khan is
only to the extent of assault by fist and kick blows. In view of that prayer
of the appellant - Jahid Khan @ Monu Javed Khan deserves to be
allowed whereas the prayer of the appellant - Sheikh Saddam Hafiz
Khan deserves to be rejected not only on the ground of merits but
considering he was absconding since the date of incident. Accordingly, I
proceed to pass following order.
(i) The Criminal Appeal No.550/2024 is allowed.
(ii) The dated 25.03.2022 below Exhibit 6 passed by the
Special Judge, SC and ST (Prevention of Atrocities) Act,
Nagpur in Special Case No.36/2022, is hereby quashed and
set aside.
(iii) The appellant - Jahid Khan @ Monu Javed Khan in
connection with Crime No.867/2021 registered under
Sections 143, 147, 148, 302, 120B and 201 read with
Section 149 of the Indian Penal Code and under Section
4/25 of the Arms Act and Sections 3(2)(v), 3(2)(va) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
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Atrocities) Act, 1989, be released on bail on executing P.R.
Bond in the sum of Rs.25,000/- (Rs. Twenty five thousand)
with one solvent surety in the like amount.
(iv) The appellant - Jahid Khan @ Monu Javed Khan shall
not enter into the vicinity and jurisdiction of the Pachpaoli
Police Station, Nagpur till the culmination of the trial.
(v) The appellant - Jahid Khan @ Monu Javed Khan
shall not induce, threat or promise any witnesses who are
acquainted with the facts of the case.
(vi) The appellant - Jahid Khan @ Monu Javed Khan
shall attend the proceeding before the trial Court without
seeking any exemption unless there are exceptional
circumstances.
(vii) The contravention of any of the conditions would lead
to cancellation of bail.
8. The Criminal Appeal No.510/2024 is hereby dismissed.
9. Both the appeals are disposed of accordingly.
10. The fees of the appointed Counsel be quantified as per rules.
(URMILA JOSHI-PHALKE, J.)
*Divya
