Maksud Ahmed vs The State Of Madhya Pradesh
2023 Latest Caselaw 1493 MP

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                          BEFORE
                                              HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 25 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 39110 of 2022

                           BETWEEN:-
                           MAKSUD AHMED S/O NOOR MOHOMMAD, AGED
                           ABOUT 68 YEARS, KESARPURA INDRA COLONY
                           MAHIDPUR DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (SHRI HITESH SHARMA, LEARNED COUNSEL FOR THE APPLICANT)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MAHIDPUR DISTRICT UJJAIN (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           ( MS. VARSHA THAKUR, LEARNED DY.GOVERNMENT ADVOCATE FOR
                           THE RESPONDENT/STATE)
                           (SHRI RAHUL SHARMA, LEARNED COUNSEL FOR THE COMPLAINANT)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                               ORDER

Medical report has been received from Assistant Jail Superintendent, Sub Jail, Mahidpur in respect of the appellant. Some medical papers have been sent regarding his medical ailment. As per the report, the applicant is suffering from scabies disease.

Applicant has filed this third bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 25.08.2020 in connection with Crime No.327/2020 registered at P.S. Dis tric t Ujjain (M.P.) for commission of offence punishable under Sections 307, 323, 294, 506, 384, 386, Signature Not Verified Signed by: REENA JOSEPH Signing time: 25-01-2023 18:07:32

34, 302 of IPC and Section 25 of the Arms Act. Earlier bail applications were dismissed as withdrawn vide order dated 12.01.2021 and 01.09.2021 in M.Cr.C.No.53463/2020 and M.Cr.C.No.34780/2021 respectively.

A s per the prosecution story, on 23.08.2020 deceased Bablu lodged Dehati Nalishi at Police Station Mahidpur, district Ujjain stating that at about 9:20 P.M., when he was going towards his home and reached near the liquor shop, at that time, applicant alongwith other co-accused persons intercepted him by asking him why he made complaint against them and started abusing him with filthy language with intention to cause death, assaulted him by means of wooden stick due to which he sustained various injuries. They also snatched his

mobile phone and cash of Rs.1,00,000/-. During the treatment, the deceased succumbed. Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 25.08.2020. The applicant is 68 years old person and suffering from some medical ailment. He has suffered jail incarceration for more than 2 years and 5 months. Conclusion of trial will take considerable long time. He is permanent resident of district Ujjain. Hence, he prays that applicant be released on bail.

Learned counsel for the applicant placed reliance on a judgment passed by the Apex Court in the case of Anil Ari Vs. State of West Bengal reported in (2009) 11 SCC 363 and order of the co-ordinate Bench of this Court in the case of Bhura @ Rajkapur Vs. State of M.P. vide order dated 20.01.2023 in M.Cr.C.No.1713/2023.

Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that there is sufficient

Signature Not Verified Signed by: REENA JOSEPH Signing time: 25-01-2023 18:07:32

evidence available against the applicant, therefore, applicant is not entitled for grant of bail.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, taking note of the fact that the eye witness in the statement recorded under Section 164 of Cr.P.C.has deposed against the present applicant, regarding his involvement in the incident, one wooden stick has been recovered from the present applicant, deceased sustained 22 injuries and offence is heinous in nature. In view of the evidence available on record against the applicant, this court is not inclined to grant bail to the present applicant.

Hence, this third repeat application filed by applicant under section 439 of Cr.P.C. is hereby dismissed.

Certified copy as per rules.

(ANIL VERMA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 25-01-2023 18:07:32