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