Citation : 2021 Latest Caselaw 8168 MP
Judgement Date : 3 December, 2021
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.54984/2021
(Akram @ Shaqeel Vs. State of M.P. )
1
Jabalpur, Dated : 03/ 12/ 2021
Shri R.S. Saini, learned counsel for the applicant.
Shri Abhay Raj Singh Chouhan, learned P.L. for the
respondent/State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Akram @ Shaqeel was arrested on 27.08.2021 in Crime No. 553/2021 registered at Police Station Piplani, District Bhopal for the offence punishable under Sections 457, 380 of IPC.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The alleged offence is triable by JMFC. He further submitted that in four other cases the learned trial court has acquitted the applicant. The applicant has been in custody since 14.11.2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail. In support of his contention, learned counsel for the applicant also produced the copy of judgment of those cases.
Learned counsel for the State opposed the prayer and submitted that applicant has criminal past and police seized stolen articles from the possession of applicant, so he should not be released on bail.
Looking to the facts and circumstances of the case and the fact that the alleged offence is triable by JMFC, the applicant is in custody since 27.08.2021 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.54984/2021 (Akram @ Shaqeel Vs. State of M.P. )
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.12.03
17:10:39 +05'30'
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