Back
2022 Supreme(MP) 1109
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Mirza Moziz Beg – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 60708 of 2022
Decided On : 21-12-2022
Abhinav Dhanodkar, Advocate, K. K. Tiwari, Advocate
The court's decision emphasized the significance of the nature of allegations, witness statements, and the potential impact on communal peace in determining the grant of anticipatory bail.
Headnote:
Anticipatory Bail - Criminal Law - Code of Criminal Procedure, 1973, Section 438 - IPC 153-A, 153-B, 295-A, 500, 504, 505, 505(2), 34 - Summary
Fact of the Case:
The applicant, a professor, sought anticipatory bail in connection with a case involving allegations of inciting communal disharmony through a controversial book available in the college library. The prosecution alleged that the applicant promoted enmity and ill-will among different sections of society, particularly the Hindu community.
Finding of the Court:
The court found that the nature of the allegations, witness statements, and the potential impact on communal peace led to the dismissal of the anticipatory bail application. The court distinguished the applicant's role from that of a co-accused who had been granted anticipatory bail.
Issues: The key issues revolved around the applicant's alleged role in inciting communal disharmony and promoting enmity, as well as the applicability of Section 505(II) of IPC to the applicant's actions.
Ratio Decidendi: The court's decision was influenced by the nature of the allegations, witness statements, and the applicant's position as a professor with the ability to influence students. The court also considered the distinction between the applicant's role and that of a co-accused who had been granted anticipatory bail.
Final Decision: The court dismissed the anticipatory bail application under Section 438 of Cr.P.C., citing the material evidence available on record against the applicant and the potential impact on communal peace.
JUDGMENT
Anil Verma, J. - This is first application under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No. 1214/2022 registered at P.S. - Bhanwarkua, Indore District - Indore for commission of offence punishable u/S 153-A, 153-B, 295-A, 500, 504, 505, 505(2), 34 of IPC.
2. As per prosecution story, present applicant Mirza Moziz Beg is the Professor of Government New Law College, Indore. Complainant.
3. Lucky Adiwal, who is the student of LLM (second semester) in the aforesaid college, made a written complaint before police station - Bhanwarkua, Indore by stating that one book titled as 'Collective Violence and Criminal Justice System' written by one Dr.Farhat Khan (accused no.1) and published by Amar Law Publication (accused no.4) and the contents of the book are based upon the false and baseless facts, 'Anti- national, intended to harm the public peace; integrity of the nation, and religious cordiality. The allegation of the complainant is that the said book is available with the library of New Government Law College and the applicant along with the co-accused Dr. Inamur Rahman is trying to spread hatred through the said book. Present applicant along with the co-accused Dr. Inamur Rahman incited the students of the college to read the controversial book available with the library with intention to spread hatred in the mind of the students of Hindu religion. On the basis of the written complaint made by the complainant Lucky, offence has been registered at police station - Bhanwarkua, Indore under sections 153-A, 153-B, 295-A, 500, 504, 505, 505(2) read with section 34 of IPC.
4. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in this case. He is only teaching the subject 'Constitution' to the law students as per the duty assigned to him by the principal of the aforesaid law college. The aforesaid book titled as 'Collective Violence and Criminal Justice System' was neither purchased, nor preferred by the applicant for the purpose of teaching the students. He is neither looking after library section, nor he was the member of the purchase committee, during which the subject book was purchased, nor he tutored the said subject. The allegation levelled against him is baseless and without any substance and only with ulterior motive to malice the reputation of present applicant. The book was purchased in the year 2014. Independent Inquiry Committee has also been setup under the supervision of Retired District Judge and until and unless the inquiry report is produce, no action may be taken against the applicant. No offence under Section 153-A and 505 of IPC is made out against the applicant. The applicant cannot be dragged into any kind of criminal prosecution as he is neither the writer nor the publisher and nor the purchaser of the book in controversy. Notice under Section 41-A of Cr.P.C. has not been served upon him by the Investigating Agency as per the directions issued by Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in [2014(8) SCC 273].
5. In view of the judgment of Hon'ble Apex Court delivered in the case of Patrica Mukhim v. State of Meghalaya reported in 2021 SCC Online 258 and Zarina Begum vs. State of M.P, passed in M.Cr.C No. 80933/2020, the offence is punishable of less than seven years. It is further contended that Hon'ble Supreme Court in the case of Inamur Rahman Vs. The State of Madhya Pradesh (passed in S.L.P. (Cr.) No.41448/2022, on 16/12/2022) granted stay of arrest of the co-accused Inamur Rahman in connection with the FIR No.1214/2022 lodged at police station - Bhanwarkua, Indore. The applicant is a permanent resident of District - Indore. In support of his contention, he also placed reliance upon the judgments delivered by the Hon'ble Supreme Court in the case of Aparna Purohit Vs. The State of Uttar Pradesh & Anr. passed in Criminal Appeal No.2235 o
