Altaf vs The State Of Madhya Pradesh
2022 Latest Caselaw 3739 MP

                                                                                1
                                                  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                            BEFORE
                                                         HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                       ON THE 16th OF MARCH, 2022

                                                             MISC. CRIMINAL CASE No. 12508 of 2022

                                                     Between:-
                                                     ALTAF S/O LATE MUNSHI PATEL , AGED ABOUT 36
                                                     YEARS, OCCUPATION: AGRICULTURIST VILLAGE
                                                     RANGKARADIYA (MADHYA PRADESH)

                                                                                                               .....PETITIONER
                                                     (BY SHRI SK VYAS, LEARNED SR. COUNSELWITH SHRI H.S.
                                                     RATHRORE, ADVOCATE)

                                                     AND

                                                     THE STATE OF MADHYA PRADESH STATION
                                                     HOUSE OFFICER THROUGH POLICE STATION
                                                     SANWER (MADHYA PRADESH)

                                                                                                            .....RESPONDENTS
                                                     (BY SHRI R.S. BAIS, GA FOR STATE )

                                                  This MCRC coming on for ADMISSION this day, the court passed the
                                            following:
                                                                                  ORDER

This is 10th bail application filed on behalf of the applicant under Section 439 of Cr.P.C. in connection with Crime No.197/2015 registered at Police Station-

Sanwer, District Indore under Section 302, 201, 341, 147, 148 and 149 of IPC and under Section 27/30 of the Arms Act. The applicant is in jail since 04.05.2015.

Earlier, nine bail applications of the application has been either rejected or granted temporary bail i.e. 4th and 7th. Out of the nine bail applications, five bail applications of the applicant i.e. 2nd, 3r, 7th, 8th and 9th have been dismissed on merits by this Court.

According to the prosecution story, the incident took place on 26.04.2015 at about 9.00 am. A Dehati Nalish was recorded by inspector Umrao Singh, SHO Sanwer Police Station in which it was stated that the informant Kamal Patel informed that on 26.04.2015 at about 9.00 am, he was going to the house of the Ashique to attend engagement ceremony of his daughter. He also informed that Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2022.03.16 Arab Ali and Babu Patel were also going to attend the same ceremony. The 16:47:49 IST

accused Irfan came in his swift car and dashed his car deliberately to the

motorcycle of Arab Ali. He came out of the car and started giving blows by sword on Arab Ali. It is further stated that Arab Ali, Babu Patel and the complainant Kamal Patel ran away and went to the house of Ajaz Patel where mother of the present applicant said that they have killed her son, then Babu @ Basir asked the

present applicant to shoot them. On this co-accused Malkabai brought a 12 bore licensed gun and gave it to the present applicant, who fired a gun shot which hit Islam who died consequently. Other accused persons also came and started beating them.

Learned Senior counsel for the applicant submits that the applicant is innocent and falsely been implicated in the present case. It is further submitted that the applicant is facing trial Since 20.03.2017 and all the material witnesses have been examined, the applicant is in jail since more than seven years, as per the FSL report the cartridges which were recovered by the prosecution have not been fired from the gun recovered from the applicant, charge-sheet has since been filed, as the witnesses have been examined, there is no question of influencing the witnesses. On these grounds, bail has been sought.

Learned Senior counsel has also place reliance over the judgment passed by apex Court in the case of Raja Ram vs. State of Rajasthan (2005) 5 SCC 272, Sukhram S/o Ramratan vs. State of M.P. decided on 13.01.1989 and also placed reliance over the judgment passed by this Court in the case of BhagatramPatidar and Others vs. State of M.P. Decided on 01.03.1990 , the same are distinguishable.

On the other hand, counsel for the State has opposed by the prayer by submitting that Kamal Patel (PW-1), Aziz S/o Abbas (PW-2), Arab Ali (PW-4), Bhuru @ Usman (PW-4), Sharif (PW-5), Ashik S/o Abbas (PW-6), Amzad (PW-

7), Kudrat (PW-8), Ishaq (PW-9), Ashik S/o Kamal Patel (PW-10) and Gudda @ Aziz (PW-11) have specifically stated in their statements recorded before the trial Court that the applicant has fired gun shots on the deceased. In cross-examination, after 4-5 years, most of them have supported the case of the prosecution and it

Signature Not VerifiedDigitally signed by seems that most of the witnesses have been won over. It is further submitted that SAN AMIT KUMAR Date: 2022.03.16 16:47:49 IST earlier, most of the applications have been dismissed on merits, hence, no case for bail is made out.

I have heard the counsel for the parties and have perused the record. In view of the earlier dismissals on merits and the fact that nothing changed could be pointed out by the Senior counsel for the applicant, considering the gravity of offence corroborated by the statements of witnesses, no case for bail is made out. The application is rejected.

(RAJENDRA KUMAR (VERMA)) JUDGE amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.03.16 16:47:49 IST