Akram Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1763 MP

                             1
           THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C.3594/2022
             Akram Khan and Anr. Vs. State of M.P.

                      Through video conferencing

Gwalior, Dated: 08.02.2022

       Shri Manas Dubey, Counsel for the applicants.

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

       Heard on I.A. No. 2208/2022 an application seeking

permission to change the Counsel.

       Shri Dubey expressed his no objection. Accordingly, the same

is allowed. Shri F.A.Shah and his associates are permitted to appear

on behalf of the applicant.

       Shri F.A. Shah submitted that he would appear along with Shri

Manas Dubey and would jointly argue the matter. The high spirit in

which Shri Manas Dubey took the application (I.A. No. 2208/2022)

is appreciated. Similarly the reaction of Shri F.A. Shah in arguing the

matter jointly with Shri Manas Dubey is also appreciated.

       Case diary is available.

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

filed for grant of bail.

       The applicant no. 1 Akram Khan has been arrested on

16.12.2021

and applicant no.2 Munshi Khan has been arrested on

30.11.2021 in connection with Crime No.449/2021 registered at

Police Station Purani Chhawani Distt. Gwalior for offence under

Sections 294, 323, 336, 307 and 34 of IPC.

According to the Counsel for the applicants, some dispute

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.3594/2022 Akram Khan and Anr. Vs. State of M.P.

arose on the question of discharge of foul water and on this issue hot

talk was going on between the applicant and the complainant and at

that time co-accused Aslam went to the roof of the house and threw a

stone on the head of the injured Rafeeq Khan, as a result, he

sustained lacerated wound on his right tempo-parietal region

resulting in fracture of parietal and temporal bones of the skull. It is

submitted that the incident took place on trivial issue and none of the

accused including the co-accused were armed with weapon. The

applicants never knew that co-accused Aslam would behave in such a

manner by throwing stone from the roof of the house. At present,

there is nothing to indicate that they were sharing any common

intention to make an attempt to kill Rafeeq Khan. The applicant no.

1 Akram Khan is in jail from 16.12.2021 and applicant no.2 Munshi

Khan is in jail from 30.11.202. 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.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicants 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 each to the satisfaction of the Trial

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.3594/2022 Akram Khan and Anr. Vs. State of M.P.

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) Judge ar

ABDUR RAHMAN 2022.02.08 17:06:43 +05'30'