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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Yasin Lala – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.8401 of 2022
Decided On : 16-02-2022
Bail - Offence under Section 307, 294/34 of IPC and Section 25 and 27 of Arms Act - Applicant granted bail
Fact of the Case:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with a case involving offences under Section 307, 294/34 of the Indian Penal Code, 1860, along with Section 25 and 27 of the Arms Act, 1959. The applicant was in custody since 26.01.2022.
Finding of the Court:
The Court, after considering the submissions and evidence, granted bail to the applicant without commenting on the merits of the case. The applicant was directed to furnish a personal bond and a solvent surety, and abide by the conditions enumerated under Section 437(3) of the Code of Criminal Procedure, 1973.
Issues: The main issue was whether the applicant was entitled to bail despite the serious nature of the offences and the opposition from the State, which alleged the applicant's involvement in providing the country made pistol used in the crime.
Ratio Decidendi: The Court's decision was influenced by the lack of evidence connecting the applicant to the crime, the absence of any seizure from the applicant's possession, and the anticipated lengthy trial duration. The Court also considered the applicant's right to bail and the risk of COVID-19 in the jail.
Final Decision: The bail application was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and surety, with conditions for regular appearance before the Trial Court and compliance with COVID-19 guidelines.
JUDGMENT
Satyendra Kumar Singh, J. - This is first bail application filed by the applicant - Yasin Lala S/o Yusuf Lala under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.812/2021 registered at Police-Station - Mahakal, District - Ujjain (MP) for the offence punishable under Section 307, 294/34 of Indian Penal Code, 1860 along with Section 25 and 27 of arms act, 1959 and the applicant is in custody since 26.01.2022.
The prosecution story in short is that on 24.11.2021 at about 8:30 pm, co-accused persons namely; Shadab, Chand and Imran abused and assaulted Imtiyaz (complainant), co-accused Shadab gave gun shot injury from his country made pistol to complainant Imtiyaz on his stomach due to which he sustained grievous injuries. It is alleged that country made pistol was provided to co-accused Shadab by present applicant.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid offence. He further submits that except the memorandum statement of co-accused Shadab, there is nothing available on record to connect the applicant with the aforementioned crime.
Nothing has been seized from his possession. The applicant's name also does not find place in the FIR. The applicant is in custody since 26.01.2022 and the conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicant on bail.
Per contra, learned counsel for the non-applicant/State has opposed the application and submits that applicant is a habitual criminal and he is having several criminal antecedents. He further submits that it is the applicant who provided the country made pistol to co-accused Shadab. Hence the applicant is not entitled for grant of bail.
Having considered the rival submissions and the evidence produced on record and also considering other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh) with one solvent surety of like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court with a condition that he shall remain present before the Court concerned on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.
In view of the outbreak of 'Corona Virus Disease (COVID-19)' the concerned jail authority is directed to follow the directions / guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
Miscellaneous Criminal Case No.8401 of 2022 stands allowed and is disposed of in above terms.
Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.
The decision emphasizes the importance of evidence connecting the accused to the crime, the right to bail, and the consideration of trial duration and public health concerns in granting bail.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
The court may grant bail to an applicant based on the nature of the accusation and the lack of criminal antecedents, without commenting on the merits of the case.
The court's decision was influenced by the nature of the alleged offences, the length of time the accused has been in custody, and the fact that the alleged offences are triable by Judicial Magistrat....
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
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