Sabbir (Shabbir) Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6010 MP

                           1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.18829/2022
        (SABBIR (SHABBIR) KHAN VS. STATE OF M.P.)

Gwalior, Dated : 23/04/2022

       Shri Asad Khan, learned counsel for the applicant.

       Shri Rohit Mishra, learned counsel for the State.

       Case diary is available.

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

filed for grant of bail.

       The applicant has been arrested on 01/04/2022 in connection

with Crime No.253/2021 registered at Police Station Chinor, District

Gwalior for offence under Section 34(2) of M.P. Excise Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, when the police party raided the place, it is

alleged that two persons ran away after leaving 60 bulk liters of

liquor. It is alleged that co-accused Mahesh was identified by

independent witness, but the only allegation against the applicant is

that while fleeing away co-accused Mahesh was saying that Sabbir

(present applicant) must run fast so that he may not be apprehended.

It is submitted that this fact would not establish the identity of the

applicant. The applicant is in jail from 01/04/2022. 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 opposed by the counsel for the

respondent/State.

THE HIGH COURT OF MADHYA PRADESH MCRC No.18829/2022 (SABBIR (SHABBIR) KHAN VS. STATE OF M.P.)

In view of the material collected by the police against the

applicant and without commenting on the merits of the case, the

application is allowed. It is directed that the applicant be released on

bail on furnishing a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac) with one surety in the like amount 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.

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.

Certified copy as per rules.

                                                                     (G.S. Ahluwalia)
Abhi                                                                       Judge
       ABHISHEK
       CHATURVEDI
       2022.04.25
       11:28:41
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