HIGH COURT OF MADHYA PRADESH
STATE OF M. P.
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Vivek Rusia,J. -
(1.) This is a repeat (5th) application filed under Section 439 of Cr.P.C. by the applicant - Shoeb S/o. Sharif Khan, who has been arrested by Police on 16.9.2019 in connection with Crime No.237/2019 registered at Police Station Shujalpur, District Shajapur for the offence punishable under Section307, 427, 294, 323, 325, 149, 148, 147, 341, 120-B, 506 of the IPC and u/s. 25 of the Arms Act. The earlier applications were dismissed as withdrawn vide order dated 26.8.2020. Earlier four applications have been dismissed by this Court as under :
S.No. Date of Application. M.Cr.C. No. Date of Order.
1 08/07/20 22547/2020 06/08/20
2 08/06/20 17759/2020 06/08/20
3 05/10/19 42607/2019 27/11/19
4 01/02/20 5491/2020 11/02/20
It is also not in dispute that the bail applications filed by the co-accused have also been rejected by this Court.
(2.) The applicant has filed the present repeat bail application on the following grounds :
(i) That, P.W.1 and P.W.2 have been examined and out of which P.W.2 has turned hostile.
(ii) The applicant is in custody since 16.9.2019 hence there is no chance for tempering with the evidence;
(iii) As per the charge-sheet as many as 28 witnesses are to be examined and out of which only two have been examined so far;
(iv) The injured Anwar is an habitual offender and as many as 13 cases have been registered against him. He has also faced the externment proceedings under the Rajya Suraksha Adhiniyam;
(v) Applicant's mother Masrat Bee is suffering from breast-cancer and there is nobody in the family to look after her.
(3.) Shri Ojha, learned counsel appearing for the applicant submits that the only allegation against the present applicant is that he is said to have caused fracture to the injured by means of 'Tami'. He is in jail since last more than one year and the trial may take time to conclude.;
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