Arif Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7169 MP

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         THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.49453/2021
              Arif Khan & Anr. vs. State of M.P.

Gwalior, Dated : 09.11.2021

      Shri Asad Khan, Counsel for the applicants.

      Shri A.K. Nirankari, Public Prosecutor for the respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 2.8.2021 passed in M.Cr.C.No.32984/2021.

The applicants have been arrested on 4.3.2021 in connection

with Crime No.48/2021 registered at Police Station Bhander, District

Datia for offence under Sections 34(2), 49-A of M.P. Excise Act and

under Section 411 of IPC.

It is submitted by the counsel for the applicants that earlier the

applicants were under an impression that they have been falsely

implicated at the behest of their uncle with whom some civil dispute

is pending, therefore, they sought permission to withdraw the

application with liberty to revive the prayer along with the documents

of civil dispute. It is submitted by the counsel for the applicants that

in fact the earlier defence was taken under a misapprehension of fact

and in fact no civil dispute was ever instituted before any Court of

law. However, it is submitted that 120 litres of liquor which is unfit

for human consumption has been recovered from the possession of

THE HIGH COURT OF MADHYA PRADESH MCRC No.49453/2021 Arif Khan & Anr. vs. State of M.P.

the applicants. The minimum sentence provided under Section 49-

A(1)(i) of M.P. Excise Act is two months which may extend to two

years as no injury was caused to any person. In view of the criminal

antecedents of the applicants, they are ready and willing to abide by

any stringent condition which may be imposed by the Court. The trial

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

their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted that the applicants

have filed the copies of deposition sheets of some of the witnesses

according to which it is clear that the police personnel have supported

the prosecution case. It is further submitted that the applicants have

criminal history and as many as two more criminal cases have been

registered against the applicant No.1 Arif Khan whereas three more

criminal cases have been registered against applicant No.2 Bhure @

Ajad Khan but fairly conceded that no case for heinous offence was

registered.

In reply, it is submitted by the counsel for the applicants that in

view of the criminal antecedents, they are ready and willing to abide

by any stringent condition which may be imposed by the Court

including that of furnishing cash surety.

THE HIGH COURT OF MADHYA PRADESH MCRC No.49453/2021 Arif Khan & Anr. vs. State of M.P.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed. It is directed that the applicants shall be released on bail on

furnishing cash surety of Rs.1,00,000/- (Rupees One Lac Only) each

or in the alternative on depositing their 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

by the applicants 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.49453/2021 Arif Khan & Anr. vs. State of M.P.

regarding grant of bail be sent to the complainant.

CC as per rules.

                                                               (G.S. Ahluwalia)
(alok)                                                               Judge




ALOK KUMAR
2021.11.09 18:17:09 +05'30'