RAMGULAM RAJDAN Vs. STATE OF MP

JUDGEMENT

(1.) This is 2nd repeat application for grant of bail by the applicant Karim @ Abdul, who has been implicated in crime no.323/2011, registered at police station - Khudel for the offence punishable under sections 302, 307, 147, 148,149,323 of IPC and under sections 25 and 27 of Arms Act, 1959.

(2.) First application was dismissed on merit on the ground that the injuries of the deceased Sakhir Sheikh have been caused by the present applicant. It is not in dispute that present applicant was armed with lathi whereas other co-accused persons were armed with sword and one was with gun and have caused multiple injuries to Shahid, Tohid and Shakir Sheikh (deceased). At the time of deciding the first application, applicant was not having the charge sheet. After dismissal of the first application, when he received the charge sheet, he has filed his second application on the ground that as per postmortem report all the 18 injuries of the deceased Shakir Sheikh are incised wounds caused by hard and sharp object. He further submitted that as per MLC report of injured Shahid and Tohid, they have received injuries by hard and blunt object. All their injuries are grievous in nature and at the most an offence under section 325 of IPC can be made out against him. He also submitted that applicant is resident of Ashakhedi and as per murg intimation (47/11), which was lodged by Tohid @ Chimna, the allegation against the applicant that he was armed with lathi. He submits that looking to the overt act of the present applicant, the repeat application for grant of bail be allowed and applicant be released on bail.

(3.) On due consideration of the aforesaid facts and circumstances as well as ocular evidence and medical evidence available in the case diary, without expressing any opinion on the merits of the case, I allow this repeat bail application and it is directed that the applicant be released on bail subject to his furnishing a personal bond to the tune of Rs. 50,000.00 with one surety of like amount to the satisfaction of the concerned J.M.F.C./C.J.M. for his appearance before him or Trial Court as the case may be on all the dates of hearing fixed in this behalf by the Court concerned during trial. Wajid Khan for applicant; Anil Ojha, Panel Lawyer for respondent/State; Iqbal Anwar for objectors.