Slaman Khan And Others vs State Of Madhya Pradesh

Anjuli Palo, J

This is the second application filed by the applicants under Section 439 of the Cr.P.C. Earlier application M.Cr.C. No. 39513/2020 filed by the

applicants was dismissed as withdrawn vide order dated 6.11.2020.

The applicants are in custody since 23.9.2020 in connection with Crime No. 732/2020 registered at P.S. Stationganj, District Narsinghpur for the

offences punishable under Sections 294, 327, 323, 341, 427, 506, 394, 34 of the Indian Penal Code.

As per prosecution's case, on 18.9.2020 at about 1:30 PM, complainant had gone to the house of his uncle by his motorcycle. At about 5:00 PM in the

evening when he was returning back to his house, on the way, the applicants along with another co-accused Sanjay @ Sanju interrupted him, abused

him using filthy language and demanded money for consuming liquor, when the complainant refused, the accused persons assaulted him. Applicant

No. 1 Salman and co-accused Sanjay @ Sanju assaulted him by fists on left cheek, left eye and mouth and applicant No. 2 Musahid assaulted him by

means of a lathi on his left elbow, left thigh and calf. The accused persons broke the mobile of the complainant worth Rs. 20,000/- and have also

looted a sum of Rs. 2,000/- from him. The complainant lodged the report at Police Station Stationganj, District Narsinghpur. The complainant was

referred for medical examination. As per the MLC report the Doctor found as many as seven injuries on the person of the complainant.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case due to previous enmity because applicant No. 2

Musahid had lodged a report against complainant party on 2.9.2020 at P.S. Stationganj Kareli, District Narsinghpur against the complainant party

whereby Shivam Lodhi and Deepesh Lodhi assaulted him by means of a hocky and knife, as a result of which he sustained injuries on his right hand

and left eye. A copy of the said FIR has been filed as document No. 21970/2020. In the instant case, the applicants have been roped in this on the

basis of memorandum of co-accused. The applicants are in custody and trial would take considerable time due to situation created by Covid-19

pendamic, therefore, the applicants may be released on bail.

Learned Panel Lawyer has opposed the application.

It is a case of loot and causing injury to the complainant. Looking to the conduct of the applicants and gravity of offence, I am not inclined to release

the applicants on bail. The application is hereby dismissed.