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2023 Supreme(Online)(MP) 10340

HIGH COURT OF MADHYA PRADESH
Nadeem Khn – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Padam Singh,Advocate General

1.

The applicant has filed this first bail application u/S.439 Cr.P.C for

grant of bail. Applicant has been arrested on 26-02-2022 by Police

2

Station Sironj District Vidisha in connection with Crime No.92/2022

registered for offence under Sections 147, 148, 149 and 302 of IPC.

2.

It is the submission of learned counsel for the applicant that he is

suffering confinement since 26-02-2022 on false pretext and suffers

for over implication. No role of the applicant can be assigned in

specific terms in commission of offence.

3.

Learned counsel for the applicant raised the point that incident is

dated 24-02-2022 and memo under Section 27 of the Evidence Act of

applicant was taken on 26-02-2022 at 7:10 pm. Weapon (stick) was

seized from the applicant same day at 8:15 pm which is reflected from

the property seizure memo, whereas applicant was arrested at 8:45 pm

which is clear from the arrest memo of the applicant. According to

learned counsel, it is improbable to take memo under Section 27 of

the Evidence Act and to seize weapon used in the crime at the

instance of applicant prior to his Arrest. It appears that false case has

been registered against the applicant. He relied upon the judgment of

Division Be

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