Iqwal Khan vs The State Of Mp.
2021 Latest Caselaw 1111 MP

            THE HIGH COURT OF MADHYA PRADESH
       1                                       Cr.A. No. 6359/2020
                  (Iqbal Khan Vs. State of M.P. & Anr.)

Gwalior Bench
Dated :26/03/2021
     Shri Anoop Nigam, learned counsel for the appellant.

      Shri G.P.Chaurasiya, learned PP for respondent No. 1/State.

Heard.

Perused the case diary.

The appellant has filed this appeal under Section 14-A(2) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 against the order dated 28/08/2020 passed by trial Court; whereby,

application of appellant preferred under Section 439 of Cr.P.C. has been

rejected.

Appellant has been arrested on 11/7/2020 by Police Station

Aron, District Guna in connection with Crime No. 447/2020 registered

in relation to the offences punishable under Sections 363,366, 376 (2)

(n), 506/34 of IPC, 5/6 of POCSO Act and Sections 3(1)(w)(i), 3 (2)(v) ,

3 (2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 and Section 146 and 196 of Motor Vehicles Act.

It is the submission of learned counsel for the appellant that

appellant is suffering confinement since 11/7/2020 and statement of

material prosecution witnesses including the prosecutrix and her mother

have been held before the trial Court, therefore, chance of tampering

with the evidence/witnesses is remote. It is further submitted that

appellant learnt the lesson hard way and now would mend his ways to THE HIGH COURT OF MADHYA PRADESH

(Iqbal Khan Vs. State of M.P. & Anr.)

become a better citizen and would not involved in any criminal activity

nor he shall move in the vicinity of the prosecutrix and would respect

the dignity and modesty of prosecutrix and would not be a source of

embarrassment or harassment to her in any manner. Confinement

amounts to pretrial detention. He undertakes to cooperate in trial.

Learned counsel for the State on the other hand opposed the

prayer and submits that looking to the allegations, case be dismissed.

Alternatively, it is the submission of learned counsel for the State that if

this Court intends to allow the appeal then certain stringent conditions

be imposed over appellant.

Considering the facts that material prosecution witnesses have

been examined and appellant is aged 22 years and looking to the period

of custody, this Court intends to allow the appeal but with certain

stringent conditions in view of judgment of Apex Court in the case of

Aparna Bhat & Ors Vs. State of Madhya Pradesh & Anr., (Criminal

Appeal No. 329/2021 decided on 18th March, 2021). Thus, without

commenting on the merits of case while setting aside order dated

28/08/2020 passed by trial Court, appeal is allowed and it is directed

that appellant be released on bail on his furnishing a personal bond of

Rs. 1,00,000/-(Rupees One Lac only) with two solvent sureties of Rs.

50,000/- each to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the THE HIGH COURT OF MADHYA PRADESH

(Iqbal Khan Vs. State of M.P. & Anr.)

following conditions by the appellants :-

1.The appellant will comply with all the terms and conditions of

the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the

case may be;

3. The appellant will not indulge himself in extending

inducement, threat or promise to any person acquainted with the facts of

the case so as to dissuade them from disclosing such facts to the Court

or to the Police Officer, as the case may be;

4. The appellant shall not commit an offence similar to the offence

of which he is accused;

5. The appellant will not be a source of embarrassment or

harassment to the complainant party in any manner and would not

move in their vicinity and appellant will not seek unnecessary

adjournments during the trial;

6. The appellant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be.

7. The appellant shall regularly appear before the trial Court

and in addition, on every first and fifteenth day of every month shall

mark appearance before the concerned police station;

8. As per the mandate of Apex Court in the case of Aparna

Bhat (Supra), SHO of Police Station Aron, District Guna or THE HIGH COURT OF MADHYA PRADESH

(Iqbal Khan Vs. State of M.P. & Anr.)

Investigating Officer would intimate the complainant party about

the fact that appellant Iqbal Khan has been released on bail with

stringent conditions and if he is found causing embarrassment to the

victim or her family then this benefit of bail shall be immediately

withdrawn. This information is also important looking to the fact

that prosecutrix is now a married lady and her modesty and dignity

as married woman has to be respected by the appellant at any cost;

9. A report be submitted by the SHO Police Station Aron,

District Guna or Investigation Officer about the compliance so

made and same shall be placed as PUD before this Court for

perusal.

Appeal stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for

compliance and information.

Certified copy as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT

PRAKASH OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec8 65c7633f4cfb9e38ce14fcbb05b9522a, cn=JAI

SOLANKI PRAKASH SOLANKI Date: 2021.03.26 20:01:52 +05'30'