Mubarik Kha vs The State Of Madhya Pradesh on 19 November, 2018

Mubarik Kha vs The State Of Madhya Pradesh on 19 November, 2018

Mubarik Kha vs The State Of Madhya Pradesh on 19 November, 2018
               Mubarik Khan S/o Sardar Khan vs. State of M.P.
Indore, Dated: 19/11/2018
       Shri Ashish Gupta, learned counsel for the applicant.

   Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.

Shri Jeevan Singh Gurjar, learned counsel for the complainant. Heard.

This is first application under Section 439 of Cr.P.C for grant of bail in connection with Crime No.312/2018, registered at Police Station-Sonkatch District- Dewas for commission of offence punishable under Sections 307147148,149452 ans 506 of the IPC and 25 of the Arms Act. The applicant is in jail since 7.8.2018.

As per prosecution case, on 25.6.2018, the complainant Bhurelal lodged a complaint alleging that at 12 p.m. when he was at home accused Mehmood came there armed with darata or bukka and co-accused Mubarak, Sadiq, Yunus, Maksood and Shahrukh were armed with lathis. It is also alleged that the present applicant verbally abused the complainant demanding money and when the he refused the same, the present applicant hit him on his head with the bukka. On the basis of the said allegation, FIR was registered and thereafter an investigation was set in motion and the applicant was arrested.

Learned counsel appearing on behalf of the applicant contends that the applicant has falsely been implicated in the matter. The medical report of the complainant states that the brain surface is clear and no evidence of injury is seen and there is no bony injury found in the skull and the injury sustained to the complainant was not dangerous to life. Therefore, prima-facie no offence under Section 307 of the IPC is not made out against the present appellant. He further submits that the other co-accused persons namely; Yunus, Maksood Khan and Mehmood have already been granted bail by this Court in M.Cr.C.No.29736/2018,34683/2018and 38279/2018 respectively. The investigation is over, charge sheet has been filed and conclusion of the trial will take a long time. In these circumstances, on the grounds of parity, he prays for grant of bail.

Per contra, learned Public Prosecutor opposes the application and submits that, no case is made out for enlargement on bail.

On due consideration of the rival contentions in the obtaining facts and circumstances and on the grounds of parity, in the opinion of this Court, without commenting on the merits of the case, the application is allowed. It is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on the dates given by the concerned Court and also comply with the conditions enumerated under Section 437(3) of the Cr.P.C.

It is further directed that, if the applicant is threatened to the witnesses then the bail granted today shall be liable to be cancelled.

Certified copy as per rules.

(Ms. Vandana Kasrekar) JUDGE oni Digitally signed by Moni Raju DN: c=IN, o=High Court of Madhya Pradesh, Moni Raju ou=Administration, postalCode=452001, st=Madhya Pradesh, de1be8a53bd80aeba7af5a5244844c1, cn=Moni Raju Date: 2018.11.19 17:43:03 +05’30’

The Indian Penal Code, 1860 (Act No. 45 of 1860)Section 307 defines the offence of “attempt to murder” as “Whoever dose any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description …Aug 14, 2004


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