SHAHZAD KHA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is a Second (repeat) bail application on behalf of Shahzad Kha under section 439 of Cr.P.C. in connection with Crime No.280/2017 under Sections 147 , 148 , 149 , 307 , 294 , 324 , 325 , 326 , 506 and 34 of the IPC registered at Police Station Mahidpur, District Ujjain.

(2.) First bail application was dismissed vide order dated 06.10.2017 passed in M.Cr.C.No.10307/2017.

(3.) It is submitted by the learned counsel for the applicant that on the dispute of partition of ancestral land the complainant party assaulted them. On their report a cross-case is registered against the complainant and other co-accused persons. The applicant himself sustained grievous injury in the incident. All other co-accused persons have been granted bail except the present applicant. Placing reliance on the case of Sanjay Chandra V/s. Central Bureau of Investigation reported in (2012) 1 SCC (Cri) 26 learned counsel further argued that while exercising its discretion for granting bail the balance should be kept in mind by the court. Bail ought not to be denied to teach lesson to a person whose offence is yet to be proved. He further argued that general rule is bail and only in exceptional cases jail may be an option. He drew my attention towards medical report of applicant and submitted that the applicant himself sustained fracture in the incident. It is also submitted that the applicant had approached the complainant with regard to the partition of an ancestral land. He was trying to counsel him to leave illegal possession of the disputed land, then suddenly he with his son attacked on him, in which the applicant sustained injuries. There is no legal evidence against him. The trial is likely to take time. Investigation is complete and charge-sheet is already filed. The applicant is permanent resident of District Ujjain. There is no possibility of his absconding. He is ready to furnish adequate security, therefore, he may be released on bail.