Sagir Alam vs The State Of Madhya Pradesh
2022 Latest Caselaw 16148 MP

                                                  1
               IN         THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                             BEFORE
                                 HON'BLE SHRI JUSTICE ANIL VERMA
                                   ON THE 6 th OF DECEMBER, 2022
                                MISC. CRIMINAL CASE No. 32260 of 2022

             BETWEEN:-
             SAGIR ALAM S/O MEHMOOD ALAM, AGED ABOUT 52
             YEAR S , OCCUPATION: BUSINESS 36 RAJEEV AWAS
             VIHAR SCHEME NO. 114 (MADHYA PRADESH)

                                                                               .....APPLICANT
             (SHRI VISHAL BAHETI, LEARNED COUNSEL FOR THE APPLICANT).

             AND
             THE STATE OF MADHYA PRADESH STATION HOUSE
             OFFICER THROUGH POLICE STATION GANDHWANI
             (MADHYA PRADESH)

                                                                            .....RESPONDENT
             (SHRI N.S. BHATI, LEARNED GOVERNMENT ADVOCATE FOR THE
             RESPONDENT/STATE).


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

Applicant has filed this fourth bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 16.8.2020 in connection with Crime No.267/2020 registered at P.S. - Gandhwani, District-Dhar(M.P.) for commission of offence punishable under Section 420, 467, 468, 471, 379 of IPC and Section 66D of I.T Act.

Counsel for the applicant contended that applicant's earlier bail Signature Not Verified application was rejected on merit vide order dated 10/6/2021 but the applicant is Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12/7/2022 6:06:22 PM in custody since 16/8/2020. He has suffered jail incarceration for more than 2

years, only 9 witnesses have been examined before the Trial Court and trial will take a sufficient long time. He places his reliance upon the judgment of the Hon'ble Apex Court in the case of Union of India Vs. K.A Najeeb (2021) 3 SCC 713 in which it has been held, as under:-

"It is a fact that the High Court in the instant case has not determined the likelihood of the respondent being guilty or not, or whether rigours of Section 43-D(5) of the UAPA are alien to him. The High Court instead appears to have exercised its power to grant bail owing to the long period of incarceration and the unlikelihood of the trial being completed anytime in the near future. The reasons assigned by the High Court are apparently traceable back to Article 21 of our Constitution, ofcourse without addressing the statutory embargo created by Section 43-D(5) of the UAPA."

and hence the applicant prays that the applicant be released on bail . Per contra, learned counsel for the State opposes the bail application and prays for its rejection.

Considering all the facts and circumstances of the case, nature and gravity of the allegation it is revealed that the applicant's second bail application was rejected on merit vide order dated 10/6/2021 passed in MCRC No.6804/2021, after considering all the facts and circumstances of the case and as per the status report sent by the Trial Court the trial is still continuing, after rejecting the earlier bail application, there is no material change in the circumstances except the period of custody of the applicant. In view of the gravity of offence and evidence available on record, without commenting upon the merits of the case, this Court is not inclined to grant bail to the present applicant.

Signature Not Verified Signed by: BHUVNESHWAR Therefore, this fourth bail application filed by the applicant u/s 439 of DATT JOSHI Signing time: 12/7/2022 6:06:22 PM Cr.P.C is dismissed.

C.C as per rules.

(ANIL VERMA) JUDGE Pramod

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12/7/2022 6:06:22 PM