SAHZAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application u/S 439 Cr.P.C. filed on behalf of the applicant. The applicant is in jail since 24.09.2019 in connection with crime No.271/2019 registered at Police Station Jeevajiganj, Distt. Ujjain for the offence punishable under sections 307, 325, 294, 506 r/W Sec 34 of IPC and Sec 25 of Arms Act.

(2.) As per prosecution story while the complainant was standing near Shankarlal Mawa Shop at Anda Gali, the co-accused persons namely Fahim Sikandar, Moin, Ikrar armed with iron rod, Liyaqat Ali Faqeer armed with iron rod, son of Liyaqat Ali and son of Shakoor Pehalwan armed with knife, sword and iron rods came on the spot and started beating him indiscriminately. As a result, the complainant suffered multiple injuries including wound on the rear side of right ear, head and legs. Accordingly, case has been registered against the applicant.

(3.) Shri Garg with Shri Sharma submits that applicant is innocent and he has been falsely implicated in the crime. Applicant was not named in the FIR. However, during the course of investigation, in the statement of complainant, recorded u/S 161 Cr.P.C., the applicant's name has been included. Investigation is complete and chargsheet has been filed. Applicant is no more required for further custodial investigation. He has no criminal antecedents. Applicant has already suffered jail incarceration for over a period of one year. He is the sole bread earner. The family is in penury and on the verge of starvation in the absence of sole bread earner of the family. Besides, looking to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result possibility of undue and prolonged delay of trial cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions,Hon'ble Court deems fit and proper.