MOHD SHERU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the fourth bail application filed on behalf of the applicant under Section 439, Criminal Procedure Code, 1973, hereinafter referred to as 'the Code'. Details of rejection orders:- <FRM>JUDGEMENT_171_LAWS(MPH)10_2015.html</FRM>

(2.) Applicant Mohd. Sheru is in custody since 20.04.2014 in connection with Crime No.285/2014 registered at Police Station Maihar, District Satna (M.P.) for the offence punishable under Sections 341, 323, 294 and 307/34 of the IPC.

(3.) It is submitted by Shri J.N. Tripathi, learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the injury inflicted on the person of complainant Pintu Chourasia has not been opined by the Doctor as dangerous to life, therefore, no offence under Section 307 of IPC is made out and other co-accused persons have already been granted bail. Learned counsel further submitted that wife of the applicant is suffering from serious disease and as nobody is available in the family to look after her, hence, applicant's case may be considered sympathetically because the applicant is in custody for more than 15 months and conclusion of trial would take considerable time.