Saeed vs The State Of Madhya Pradesh
2021 Latest Caselaw 5581 MP

                                                                             1                           MCRC-42479-2021
                                                   The High Court Of Madhya Pradesh
                                                             MCRC-42479-2021
                                                                (SAEED Vs THE STATE OF MADHYA PRADESH)


                                            Indore, Dated : 17-09-2021
                                                 Heard through Video Conferencing.

                                                 Shri A.S.Garg, learned senior counsel with Ms. Poorva
                                            Mahajan, learned counsel for the applicant.
                                                 Shri    Neeraj     Gaur,        learned   Panel     Lawyer   for   the
                                            respondent/State.

Heard through Video Conferencing.

This is the fifth bail application under Section 439 Cr.P.C. filed o n behalf of the applicant. The applicant is in custody since 01.11.2019 in connection with Crime No. 308/2019 registered at P.S., Tarana, District Ujjain for the offence punishable under Sections 302, 147, 148, 149, 294 of IPC. Out of four applications, second application was dismissed on merits vide order dated 03.09.2020 in M.Cr.C.No.29323/2020.

As per prosecution story, while the deceased Javed and injured Adil were going on motorcycle near Jhanda Chowk, Tarana, the present applicant alongwith the co-accused Gabbar, Asif and Naved came on the spot and Asif hit Javed with wooden stick on the left hand, Saeed hit Javed on his head by sword causing deep wound. Javed fell down on the street. Accused Gabbar caused stab injury over knee and thereafter Naved and Harshad also came on the spot and caused multiple stab injuries on the body of the deceased. Thereafter they fled away. The deceased was rushed to the hospital, where he died having suffered cardiac vascular failure due to multiple injuries

Signature Not VerifiedDigitally signed by caused on his body. Accordingly case has been registered.

  SAN                 REENA JOSEPH
                      Date: 2021.09.17
                      18:23:13 IST
                                                                            2                       MCRC-42479-2021

Learned senior counsel for the applicant submits that applicant is innocent and has been falsely implicated. Investigation is complete and challan has been filed. Though challan has been filed, hence, no more custodial interrogation is required. Though charges have been framed, but no prosecution witnesses have been examined therefore,

the applicant cannot be left at the mercy of the complainant and the prosecution witnesses. The applicant is languishing in jail since 01.11.2019. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Hence, relying upon the judgment of the Supreme Court in the case of Sudhir Kumar Kad Vs. Central Bureau of Investigation AIR 2021 SC 2614 prays for enlargement on bail on such terms and conditions this Court deems fit and proper.

Learned Panel Lawyer opposes the application supporting the order impugned with the submission that its a case of commission of murder with common intention by accused persons. There are as many as six injuries on the body of the deceased Javed, one on head and other on the vital parts of the body, which resulted into his death. The applicant is named in the FIR and an overt act has been attributed to him. As such, it is case of common intention to commit murder. That apart, MLC report confirms grievous injuries caused to the deceased including the one on the occipital region resulting into the death of the deceased. Hence, no indulgence is warranted in the matter of grant of bail to the applicant.

Upon hearing counsel for the parties though this Court refrains from commenting upon the merits of the case, but prima facie it is a

Signature Not VerifiedDigitally signed by case where all accused persons with common intention have SAN REENA JOSEPH Date: 2021.09.17 18:23:13 IST 3 MCRC-42479-2021 committed murder of deceased Javed at public place with sword, knife, wooden stick etc. causing multiple injuries. The second application of the applicant which was dismissed on merits on 03.09.2020 details each and every aspect of the case. There is no changed circumstances as on date, except verbal contention about the delay in trial. This ground itself cannot be a justification for enlargement on bail, in the obtaining facts and circumstances. The judgment relied upon by the learned senior counsel is distinguishable on facts and is of no assistance, regard being had to the nature of gravity of offence committed. This Court declines to accede to the

prayer for enlargement on bail and find no reason to take a different view as taken by this Court on 03.09.2020.

Consequently, the bail application stands rejected.

(ROHIT ARYA) JUDGE

RJ

Signature Not Verified VerifiedDigitally Digitally signed by SAN REENA JOSEPH Date: 2021.09.17 18:23:13 IST