Jainuddin vs The State Of Madhya Pradesh
2023 Latest Caselaw 5864 MP

                                                             1
                            IN       THE     HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 11 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 13568 of 2023

                           BETWEEN:-
                           JAINUDDIN S/O JAKIRUDDIN FARUKI, AGED ABOUT 32
                           YEAR S , OCCUPATION: LABOR R/O VILLAGE KAJI
                           MOHALLA GRAM DEPALPUR TEHSIL DEPALPUR DISTT.
                           INDORE (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SIDDHARTH JAIN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION DEPALPUR
                           DISTRICT INDORE. (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI KAPIL MAHANT - P.L FOR THE RESPONDENT/STATE.
                           MS. SONALI RAJORIA - ADVOCATE OF THE OBJECTOR)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is sixth bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.137/2020, registered at P.S - Depalpur, District - Indore (M.P.) for offences punishable under Sections 294, 307, 323, 324, 326, 506 r/w 34 of IPC.

The 5th bail application was dismissed after considering the testimony of injured Imran and Arbaz alleging that the applicant had caused injury to them with the help of axe. The said testimony is corroborated with the medical report.

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 12-04-2023 12:00:30

Counsel for the applicant submits that as per the medical report, no case under Section 307 would be made out. In support of his submission he has place reliance on a judgment passed by a co-ordinate bench of this Court in the case of Kamlesh Patel Vs. State of Madhya Pradesh reported in 2022 (3) JLJ

Counsel for the State and objector opposes the prayer for grant of bail. After hearing learned counsel for the parties and taking into consideration the fact that the earlier bail application was already dismissed on merits. Also, considering the testimony of the injured witnesses Imran and Arbaz stating that the applicant had caused injury with the help of axe and the said testimony is

corroborated with the medical report, at this stage this Court cannot appreciate the entire evidence. Accordingly, the application is dismissed.

However, considering the custodial period of the applicant it is observed that the Trial Court shall make all endeavour to expedite the trial.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 12-04-2023 12:00:30