Wasim Akram Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6272 MP

                                                                     1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                            ON THE 27th OF APRIL, 2022

                                                 MISC. CRIMINAL CASE No. 17717 of 2022

                                         Between:-
                                         WASIM AKRAM KHAN S/O SHAHAB KHAN , AGED
                                         ABOUT 29 YEARS, OCCUPATION: LABOUR NURANI
                                         MASJID KE SAMNE NALA MOHALLA ITARSI TEH.
                                         ITARSI   DISTT.   HOSHANGABAD    (MADHYA
                                         PRADESH)

                                                                                                    .....PETITIONER
                                         (BY SHRI V.P. Singh, Advocate )

                                         AND

                                         THE STATE OF MADHYA PRADESH THR. P.S.
                                         DOLARIYA HOSHANGABAD (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                         (BY Ms. Hemlata Kshatriya, Panel Lawyer)

                                       This application coming on for admission this day, the court passed the
                                 following:
                                                                      ORDER

This is the Second bail application under Section 439 of Cr.P.C filed by the

applicant for grant of bail. Earlier application was dismissed vide order dated 8.3.2022 passed in M.Cr.C No.11334/2022.

The applicant has been arrested on 27.1.2022 by Police Station Dolariya, District-Hoshangabad in connection with Crime No.17/2022 for the offence punishable under Section 34 (2) of Excise Act.

It is alleged that 60 liters of country made liquor has been recovered from the possession of the present applicant.

It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. He is in custody since 27.1.2022 and charge-sheet has already been filed in the matter on 1.4.2022. As far as criminal past is concerned, prosecution has shown criminal history of 2 cases

Signature Not Verified against the present applicant which is of 2016 and 2020. It is argued that the SAN

criminal antecedents could not be taken into consideration at the time of Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.04.28 13:59:42 IST

considering the bail application. He has placed reliance upon the judgment passed

by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648. He is ready to abide by all the conditions that may be imposed by this Court while considering the application for bail. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer for grant of bail stating that applicant is having a criminal history of two cases which is of 2016 and 2020. Filing of charge-sheet is not disputed by the State counsel. He has prayed for dismissal of the bail application.

Considering the over all facts and circumstances of the case and placing reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari (supra), this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3 . The applicant/s will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant/s shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of the Signature Not Verified SAN trial Court/Investigating Officer, as the case may be. Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.04.28 13:59:42 IST

7. The applicant/s will inform the concerned S.H.O. of concerned Police

Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and stands disposed of. In view of the COVID-19, jail authorities are directed to follow the Covid Protocol guidenlines before releasing the applicant.

E-copy of this order be provided to the applicants and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of

this order shall be treated as certified copy for practical purposes in respect of this order.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.04.28 13:59:42 IST