Madhya Pradesh High Court
Javed Khan vs The State Of Madhya Pradesh on 8 February, 2022
Author: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 8th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 2209 of 2022
Between:-
JAVED KHAN S/O ISMAIL KHAN , AGED
ABOUT 32 YEARS, OCCUPATION: NILL R/O
VILLAGE THIKRI, GOHARGANJ, DISTRICT -
RAISEN (MADHYA PRADESH)
RAJA @ KHALID S/O ISMAIL KHAN, AGED 36
YEAS, R/O VILLAGE THIKRI, GOHARGANJ,
DISTRICT RAISEN (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI SANKALP KOCHAR, APPLICANT)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GOHARGANJ DISTRICT
RAISEN (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SUDHAKARMANI PATEL, PANEL LAWYER)
(Heard through Video Conferencing)
This M.Cr.C. coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application under Section 439 of Cr.P.C. for grant of bail.
Applicants Javed Khan & Raja @ Khalid were arrested on 27/12/2021 in
connection with Crime No.185/2021 registered at Police Station Goharganj,
District Raisen for the offence punishable under Sections 419, 420 of the
IPC.
A s per the prosecution case, applicants committed fraud with the
complainant and took 147 drums of low density oil worth of Rs.5 lakhs from
him and misappropriated that oil.
Learned counsel for the applicants submits that applicants are innocent
and have falsely been implicated in the offence. Police has already seized the
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SAN
said oil. Applicants have been in custody since 27/12/2021 and conclusion of
Digitally signed by ANURAG SONI
Date: 2022.02.08 17:40:24 IST
trial will take time, hence prayed for release of the applicants on bail.
Learned counsel for the State opposed the prayer and submitted that
the applicants have criminal past and other offences are also registered against
the applicants, so they should not be released on bail.
In reply, learned counsel for the applicants submitted that in other
offences learned trial Court has acquitted the applicants after the trial. In this
regard he has also filed copy of judgment of those cases.
Looking to the facts and circumstances of the case, the contention of
learned counsel for the applicants and the fact that the alleged offences are
triable by Judicial Magistrate, First Class, applicants are in custody since
27/12/2021 and conclusion of trial will take time, without commenting on the
merits of the case, the application is allowed and it is directed that the
applicants be released on bail upon their furnishing personal bond in the sum
of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the
like amount to the satisfaction of the concerned C.J.M/trial Court for their
appearance before the concerned Court on all such dates as may be fixed in
this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following
conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the
bond executed by them;
2. The applicants will cooperate in the trial;
3. The applicants will not indulge themselves in extending inducement,
threat or promise to any person acquainted with the fact 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 applicants shall not commit an offence similar to the offence of
which they are accused;
5. The applicants will not seek unnecessary adjournments during the
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SAN trial; and
Digitally signed by ANURAG SONI
Date: 2022.02.08 17:40:24 IST
6. The applicants will not leave India without prior permission of the
trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY)
JUDGE
as
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SAN
Digitally signed by ANURAG SONI
Date: 2022.02.08 17:40:24 IST
