Mohammad Shafik @ Saddam @ Bhola vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No. 545/2023, registered at Police Station Kotwali Nimbahera, District Chittorgarh for the offences under Section 307/34 of Indian Penal Code, 1860 and Section 3/25 of the Arms Act.

Learned counsel for the applicant argued that the applicant is not guilty of offence under Section 307 of IPC inasmuch as he had neither any intention to kill the deceased nor bullet cover was recovered from him and the above fact tallies with the seizure memo and report of the armour.

Mr. Zafar, learned counsel for the applicant highlighted that while preparing recovery memo, empty cartridge of the bullet is shown to be as 6.5 mm, whereas according to seizure memo and armour report, the same is shown to be 9 mm.

Learned counsel for the applicant further submitted that even if the case of informant/complainant is taken to be correct, the gunshot never touched the informant.

Learned counsel for the applicant further submitted that both the co-accused namely Danish and Salman have been enlarged on bail by this Court vide order dated 08.02.2024 and 15.01.2024, passed in Criminal Misc. Bail Application No.1416/2024 and Criminal Misc. Second Bail Application No.318/2024, retrospectively.

Learned Public Prosecutor vehemently opposed the bail application by contenting that applicant had clear intention to kill the complainant inasmuch as he opened fire on him, therefore, he be not enlarged on bail.

Heard learned counsel for the parties and perused the material available on record.

For the time being, ignoring the discrepancy in the measurement of empty cartridge, even if the applicant’s case is considered on its merit, it is to be noted that fire arm has not hit the injured. If the applicant had an intention to kill the injured, he had sufficient opportunity and time to fire another gunshot.

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Mohammad Shafik @ Saddam @ Bhola S/o Raees Khan arrested in connection with FIR No. 545/2023 registered at Police Station Kotwali Nimbahera, shall be released on bail on his furnishing personal bond in the sum o Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.