Madhya Pradesh High Court
Mohammad Bari vs The State Of Madhya Pradesh on 6 December, 2021
Author: Vivek Rusia
- : 1 :-
THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.53430/2021
Applicant:- Mohammad Bari S/[email protected] Ullu Shaikh,
Age-22 years, Occupation-Business,
R/o-Ward No.15, Pathar Dalal, Khargone,
District-Khargone (M.P.)
Versus
Respondent:- State of M.P. Through P.S. Khargone,
District-Khargone (M.P.)
------------------------------------------------------------------------------------------------
• Shri Pawan Bhagwat, learned counsel for the applicant.
• Shri Mukesh Sharma, learned panel lawyer for the respondent/State.
• Shri Nilesh Dave, learned counsel for the Objector.
------------------------------------------------------------------------------------------------
ORDER
Indore, Date:06.12.2021:
This is the repeat third bail application filed under Section 439 of
Cr.P.C.,1973 by the applicant who is in custody since 24.09.2019 in connection
with Crime No.491/2019 registered at Police Station-Khargone, District-
Khargone (M.P.) for the offence punishable under sections 307, 147, 149, 294,
427 and 302 of the Indian Penal Code.
2. First bail application of the applicant was dismissed on merits vide order
dated 31.01.2020 passed in M.Cr.C. No.2955/2020 and second bail application
of the applicant was dismissed as withdrawn vide order dated 25.02.2020
passed in M.Cr.C. No.7533/2020.
3. As per prosecution story, on 18.09.2019, Haneef S/o Ajeez Khan
Musalman has lodged an FIR that he runs sound and lighting shop. On
11.09.2019, on the date of Muharram, he had dispute with Babu due to playing
of DJ sound. At 12:00, Haneef , Aslam, Mohsin and Anwar were having tea and
at that time accused Akhlaq, Babu, Nasir, Mujahid S/o Allu, Mujahid S/o
Mubbu and Mohd Bari (present applicant) came there armed metal pipe in their
hand with common intention to kill them started assaulted them. Aslam, Mohsin
and Anwar tried to intervene, then all of them, have assaulted them also. Babu
and Akhlaq gave a blow of pipe to Mohsin with intention to kill him. Nasir and
Mujahid gave a blow by metal pipe to Aslam on his head. Co-accused Mujahid
- : 2 :-
assaulted Anwar on his leg and hand and Bari assaulted assaulted him
(complainant). All four started bleeding and accused persons damaged the shop
and fled away from the spot. After completing the investigation, charge-sheet
has been filed.
4. Learned counsel for the applicant submits that the prosecution has
examined Haneef (PW-1), Aslam (PW-2), and Anwar (PW-3). Initially FIR has
been registered for the offence punishable under Section 307, 147, 149, 294,
427 of I.P.C. but after the death of Mohsin, offence under Section 302 of I.P.C.
has been added. It is further submitted that present co-accused Mujahid has
assaulted to Anwar, who sustained minor injury. Mohsin died because of
injuries sustained by co-accused Akhlaq and Babu. The applicant has no
criminal record. He is in jail since 24.09.2019. The material witnesses have
been examined hence, there is no question of influencing them. Thus, applicant
is praying for the bail.
5. Learned Panel Lawyer opposes the bail application and prays for its
rejection.
6. Shri Dave, learned counsel appearing for the objector opposes the bail
application by submitting that the applicant has played active role in assault of
the deceased as well as complainant. The evidence of the witnesses cannot be
examined while considering the bail application, only the prima facie case has
to be looked into. In support of his contention he has placed reliance over the
judgment passed by the Apex Court in Criminal Appeal No.651 of 2007
reported in 2007 Criminal Law Journal 2766.
7. Considering the facts and circumstances of the case but without
commenting on the merit of the case, the bail application is allowed and
applicant-Mohammad Bari is directed to be released on bail upon his
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with surety in the like amount to the satisfaction of the Trial Court for his
appearance before that Court during the pendency of trial and shall also abide
by the conditions enumerated under section 437(3) Cr.P.C.
Certified copy as per rules.
( VIVEK RUSIA )
JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
st=Madhya Pradesh,
KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6c
ba241effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A
1EE901C09EF29,
NAN
serialNumber=7F0BEE2D78BD57DA058F324744
1C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF,
cn=AJIT KAMALASANAN
Date: 2021.12.07 14:50:46 +05'30'
