Akbar Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1831 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.6923/2022 Akbar Khan v. State of MP

Through video conferencing

Gwalior, Dated: 09.02.2022

Shri Suresh Agarwal, Counsel for the applicant.

Shri A.K. Nirankari, 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 17.06.2021 in connection

with Crime No.317/2021 registered at Police Station Karera Distt.

Shivpuri for offence under Sections 393 of IPC r/w Section 11/13 of

MPDVPK Act.

It is submitted by the Counsel for the applicant that according

to the prosecution case, applicant and co-accused persons tried to

snatch jewelry box. However, they could not succeed due to timely

intervention by the neighbor shop keepers. It is submitted that trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with with the prosecution case. It is further

submitted that in view of criminal antecedents of the applicant, he is

ready and willing to abide by any stringent condition which may be

imposed by this Court. It is further submitted that this Court by order

dated 02.08.2021 has granted bail to the co-accused Ablu in M.Cr.C.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.6923/2022 Akbar Khan v. State of MP

No. 37290/2021.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that the applicant has criminal

history and two more offences including one under Section 302 of

IPC have been registered against him.

Considering the nature of allegations as well as considering the

fact that co-accused Ablu has been granted bail on furnishing cash

surety of Rs. 1,00,000/-, and without commenting on the merits of the

case, the application is allowed. It is directed that the applicant shall

be released on bail on furnishing cash surety of Rs.1,00,000/-

(Rupees One Lac Only ) or in the alternative on depositing his

original title-deed(s) [not Rin Pustika] of the immovable property

worth of more than the said amount, as directed by the Supreme

Court in the case of Sharo @ Shahrukh Vs. The State of MP by

order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 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.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.6923/2022 Akbar Khan v. State of MP

by the applicant shall automatically stand forfeited without any

reference to the Court. If the title deeds are deposited, then the same

shall not be returned unless the cash surety amount is deposited.

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.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.02.09 15:30:13 +05'30'