Firoj vs The State Of Madhya Pradesh
2023 Latest Caselaw 16523 MP

                                                             1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 6 th OF OCTOBER, 2023
                                           MISC. CRIMINAL CASE No. 40249 of 2023

                           BETWEEN:-
                           FIROJ S/O SHAKUR KHAN MEWATI, AGED ABOUT 40
                           Y E A R S , OCCUPATION: AGRICULTURIST GRAM
                           GALYAKHEDI TEHSIL MANDSAUR DIST MANDSAUR
                           (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (BY SHRI VIKAS JAIN - ADVOCATE FOR THE APPLICANT)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION Y.D. NAGAR
                           MANDSAUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI KAPIL MAHANT - PANEL LAWYER FOR THE RESPONDENTS
                           STATE)


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

Applicant has filed this third bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 08.12.2022 in connection with Crime No.521/2022 registered at P.S. - Y.D. Nagar, Mandsaur (M.P.) for commission of offence punishable under Section 307, 323, 294, 506, 147, 148, 149 and 201 of IPC.

2. As per the prosecution story, date of incident is 8.12.2022 and complainant lodged the FIR by stating that at around 12.30 p.m. co-accused Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 06-10-2023 18:19:33

persons were illegally entering in the field of complainant and Asif made the video, then present applicant and co-accused persons came there and attacked on the complainant party by stick and rod. Then suddenly the applicant Firoz caused gun-shot injury below the knee to injured Asif and rest of the accused persons also caused the injuries to the complainant party. Accordingly a case has been registered against him.

3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 08.12.2022. This is the third bail application. Earlier two bail applications were also dismissed as withdrawn. No offence is made out under Section 307 of the

IPC. No bullet has been recovered from the body of the victim. Other co- accused persons Bhuribi and Saddam Kha have been enlarged on bail vide order dated 09.01.2023 passed in MCRC No. 760 of 2023 and order dated 22.02.2023 passed in MCRC No. 8713 of 2023, respectively. In such circumstances, the applicant, who is a permanent resident of District Mandsaur shall also be released on bail.

4. To support his contention, learned counsel for the applicant also placed reliance upon the judgments passed by this Court in MCRC No.7405 of 2023 dated 21.02.2023 (Asif Kha Vs. State of M.P.), MCRC No. 2563 of 2023 dated 30.01.2023 (Babukha Vs. State of M.P), MCRC No. 7405 of 2023 dated 21.02.2023 (Aasif Kha Vs. State of M.P) and Shankar Singh Vs. State of M.P. reported in 2011 (1) MPWN 10.

5. Per-contra, learned Panel lawyer for respondent/State opposes the bail application and prays for its rejection by submitting that the applicant is the habitual offender as three criminal antecedents are already pending against the applicant and, therefore, he does not deserve to be released on bail. Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 06-10-2023 18:19:33

6. Perused the case diary as well as the impugned order of the court below.

7. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, the present applicant is the main accused who caused gunshot injury to the victim Asif, which has been proved by his MLC report. Saddam Kha (PW-1) has been examined before the trial Court and he has categorically stated that the present applicant with an intention to kill the victim fired upon the Asif due to which he sustained gun shot injury on his chest. Although co-accused who have been enlarged on bail as they had a very limited role and were not in possession of deadly weapons.

8. Thus, in my opinion, in view of the material available on record and the gravity of the offence in question and the seriousness of the allegations levelled against the applicant, it is not a fit case for grant of bail to the applicant. The application being devoid of merits is hereby dismissed.

(ANIL VERMA) JUDGE rashmi

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 06-10-2023 18:19:33