Madhya Pradesh High Court
Shahjan Kha vs The State Of Madhya Pradesh on 9 July, 2021
Author: Sujoy Paul
The High Court of Madhya Pradesh
Bench at Indore
M.Cr.C. No.32539/2021
(Shahjan Kha Vs. State of M.P.)
Indore:09.07.2021
Heard through video conferencing.
Shri Hitesh Sharma, learned counsel for the applicant.
Shri Ayushman Choudhary, learned Panel Lawyer for the non-
applicant/State.
With the consent, heard finally.
ORDER
This is second application filed under Section 439 of the
Cr.P.C. seeking bail arising out of Crime No.206/2020 under
Sections307 and 294 of IPC registered at Police Station - Sadar
Bazar, District - Indore (M.P.). The applicant is in custody since
03.07.2020.
Learned counsel for the applicant submits that although his
previous application M.Cr.C. No.42366/2020 was dismissed on
merits by this Court on 15.12.2020, there are three important factors
on the strength of which applicant deserves bail. Firstly, the
applicant is in custody from 03.07.2020. Secondly, this Court has
granted bail to co-accused Shahnawaz in M.Cr.C. No.16120/2021
on 24.03.2021. Thirdly, the order of Apex Court in the case of
Bhausaheb Nagu Dhavare Vs. State of Maharashtra reported in
2001 (3) Crimes 410, the bail was granted to an accused of
committing offence under Section 307 of IPC on the ground that he
remained in custody for more than 8 months. The Gwalior Bench
recently followed the judgment of Supreme Court passed in
Bhausaheb Nagu Dhavare(supra) in the case of Ajay Jatav Vs.
State of M.P.,(in M.Cr.C. No.15223/2021) decided on 25.03.2021.
Learned Counsel for the applicant further submits that the
applicant is a student of B.Sc. He is the first offender. He placed
reliance on various documents (Page 49 to 59) to show that the
applicant is a law abiding citizen and got letter of appreciation etc.
The High Court of Madhya Pradesh
Bench at Indore
M.Cr.C. No.32539/2021
(Shahjan Kha Vs. State of M.P.)
by various authorities. Chalan has already been filed. The
conclusion of trial in this pandemic era will take time. Its a case of
free-fight and other side has a serious criminal record. Lastly,
learned counsel submits that query report also shows that there was
no injury found which was dangerous to life. Thus, the applicant may
be enlarged on bail.
The prayer is opposed by the learned Panel Lawyer. He
submits that the applicant is the main accused. The query report
shows the seriousness of the injury.
Considering the fact that the applicant remained in custody for
more than one year and conclusion of trial will take time, I deem it
proper to enlarge the applicant on bail in view of judgment of
Supreme Court in the case of Bhausaheb Nagu Dhavare(supra).
Moreso, when no criminal antecedents of applicant were pointed out
to this Court by the learned Panel Lawyer. Thus, I deem it proper to
enlarge the applicant on bail.
Consequently, the application of the applicant filed under
Section 439 of the Cr.P.C. is hereby allowed. It is directed that the
applicant be released on bail on his furnishing personal bond in the
sum of Rs.30,000/-(Rupees Thirty Thousand) with one solvent
surety in the like amount to the satisfaction of the trial Court and on
the condition that he shall remain present before the Court
concerned during the trial and also comply with the conditions
enumerated under Section 437(3) of the Cr.P.C.
(Sujoy Paul)
Judge
pn
PREETHA NAIR
2021.07.09
17:34:57 +05'30'
