AKBAR GHOSI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 30.10.2019 in connection with crime No.414/2019 registered at Police Station Bilpank, District Ratlam for the offence punishable under sections 25 and 27 of Arms Act.

(2.) As per prosecution story, four persons namely Saleem alias Khatiya, Waseem alias Bhaiya and Sheoeb alias Suhail and the present applicant were intercepted at Mhow-Neemuch Highway on 30.10.2019. They were found in possession of arms and ammunition. On further investigation, it has come on record through their memo recorded u/S 27 of the Evidence Act that they have purchased the aforesaid arms and ammunition from Prahlad Singh from whose possession five country made pistols and two 12 bore pistols were also recovered. Accordingly, the case has been registered against the applicant.

(3.) Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is not required for further custodial interrogation. The applicant is in jail incarceration since 30.10.2019 and the family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. Co-accused Waseem and Prahlad have already been enlarged on bail by this Court by orders dated 07.01.2020 and 04.06.2020 passed in M.Cr.C. No. 53407/2019 and M.Cr.C. No. 14561/2020. Under such circumstances, on the ground of parity, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.