Chand Khaa vs The State Of Madhya Pradesh
2021 Latest Caselaw 8244 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.58776/2021
           (CHAND KHAN Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated : 04/12/2021

      Shri R.K. Dubey, Counsel for the applicant.

      Shri Abhishek Sharma, Counsel for State.

      Case diary is available.

      This is second application filed under Section 439 of Cr.P.C.

for grant of bail. Previous application was dismissed by order dated

17.09.2021

passed in M.Cr.C. No. 44586/2021.

The applicant has been arrested on 22.07.2021 in connection

with Crime No.409/2021 registered by Police Station Kotwali District

Shivpuri for offence punishable under Sections 392 of IPC and 11/13

of MPDVPK Adhiniyam.

Case diary is available.

It is submitted by the counsel for the applicant that according to

the prosecution case, three persons were sitting in an auto. While the

complainant was in the market, the said auto came nearer to him and

the driver of the auto asked whether he wants to go in the auto or not.

When the complainant refused to go in the auto, then on the

instigation of the auto driver two out of three persons, compelled the

complainant to sit in the auto and took out an amount of Rs. 7,500/-

as well his Adhar Card. It was alleged that the applicant can identify

the miscreants. It is submitted that the applicant is in jail for the last

THE HIGH COURT OF MADHYA PRADESH MCRC No.58776/2021 (CHAND KHAN Vs THE STATE OF MADHYA PRADESH)

four months. In view of the criminal antecedents, the applicant is

ready and willing to abide by any stringent condition which may be

imposed by this Court, including that of furnishing cash surety. The

Trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant was identified

in the Test Identification Parade and apart from the present case, as

many as 9 (nine) more criminal cases, have been registered against

the applicant.

Heard the learned Counsel for the parties.

As per the impugned order, the following criminal cases have

been registered against the applicant in Police Staiton Nayabad:-

Crime No. 1890/2006 for the offence punishable under

Sections 457, 380 and 411 of IPC, Crime No. 503/2013 for the

offence punishable under Section 8/20 of NDPS Act, Crime No.

595/2015 for the offence punishable under Sections 4/25 of Arms Act,

Crime No. 153/2014 for the offence punishable under Sections 8/20

of NDPS Act, Crime No.459/2017 for the offence punishable under

Sections 379/411 of IPC, Crime No. 152/2018 for the offence

punishable under Sections 4/25 of the Arms Act, Crime No. 505/2009

for the offence punishable under Sections 401 of IPC, Crime No.

THE HIGH COURT OF MADHYA PRADESH MCRC No.58776/2021 (CHAND KHAN Vs THE STATE OF MADHYA PRADESH)

506/2009 for the offence punishable under Section 4/25 of Arms Act

and Crime No. 645/2012 for the offence punishable under Sections

401 of IPC. The applicant is the resident of Jhansi.

In view of the criminal antecedents of the applicant coupled

with the fact that he was duly identified in the test identification

parade, the applicant can be granted bail only on stringent condition

of furnishing cash surety.

Accordingly, without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be

released on bail on furnishing cash surety of Rs.2,00,000/-(Rupees

Two Lacs) or in the alternative on depositing his original title-deed(s)

[not Rin Pustika] of the immovable property worth of more than the

said amount, as directed by the Supreme Court in the case of Sharo

@ Shahrukh Vs. The State of MP by order dated 06.09.2021

passed in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

THE HIGH COURT OF MADHYA PRADESH MCRC No.58776/2021 (CHAND KHAN Vs THE STATE OF MADHYA PRADESH)

by the applicant shall automatically stand forfeited without any

reference to the Court.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.12.04 15:39:34 +05'30'