Shalim Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7600 MP

                            1
         THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C.54222/2021
                Salim Khan vs. State of M.P

Gwalior, Dated :18.11.2021

      Shri S.S. Dhakad, Counsel for the applicant.

      Shri C.P. Singh, Counsel for the State.

      Case diary is available.

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

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

dated 01.10.2021 passed in M.Cr.C. No. 49259/2021.

      The applicant has been arrested on 18.05.2021 in connection

with Crime No.362/2021 registered at Police Station Bahodapur

Distt. Gwalior for offence under Sections 341, 354, 354 (kha), 354

(gha), 384, 506, 34 of IPC, further added Sections 9, 10, 11,12 of

POCSO Act, further added Sections 354 (ka) of IPC and under

Section 67 (B) of IT Act and under Sections 392 of IPC and under

Sections 11/13 of MPDVPK Act.

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

the prosecution case, on 15.06.2020 the prosecutrix as well as her

friend were compelled to disrobe themselves and a video was also

prepared. Apart from touching and kissing the prosecutrix, it is

further submitted that applicant and co-accused had also threatened

them to pay money. Although the previous two applications have

been dismissed on merits but liberty was granted by order dated

01.10.2021

passed in M.Cr.C. No.49259/2021 to revive the prayer

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.54222/2021 Salim Khan vs. State of M.P

after undergoing some reasonable period of detention. The applicant

is in jail for the last more than five months and he was not released on

parole in the wake of second wave of Covid -19 pandemic. 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. However after going the police case diary, it

was fairly conceded that applicant has no criminal history.

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 applicant shall be released on bail on

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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.54222/2021 Salim Khan vs. State of M.P

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 applicant shall automatically stand forfeited without any

reference to the Court.

Before releasing the applicant on bail, the Court below shall

verify as to whether the applicant was ever released on temporary

parole in the wake of Covid-19 pandemic or not. If it is found that the

applicant was released on temporary parole, then this order shall

automatically come to an end and the Court below shall not be

obliged to release the applicant on bail as the applicant is being

released purely on the ground of period of detention.

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 Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b 510cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E 28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D 342048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.18 17:16:19 -08'00'