Madhya Pradesh High Court
Shahid Khan vs The State Of Madhya Pradesh on 11 February, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.7603/2022
(SHAHID KHAN VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 11/02/2022
Shri A.R.Shivhare, learned counsel for the applicant.
Shri A.K.Nirankari, learned counsel for the State.
Case diary is available.
This second repeat application under Section 439 of Cr.P.C.
has been filed for grant of bail. First bail application of the applicant
was dismissed as withdrawn by order dated 03/01/2022 passed in
MCRC No.63352/2021.
The applicant has been arrested on 02/11/2021 in connection
with Crime No.447/2021 registered at Police Station Bhitarwar,
District Gwalior for offence under Sections 394, 506 of IPC, Section
11/13 of the MPDVPK Act and Section 25/27 of the Arms Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, the complainant was waylaid by the applicant
and co-accused persons. The applicant on the gun point took away
Rs.9,200/-, which were kept in his pocket. Similarly, co-accused
Pintu Kirar took away Rs.3400/- from the pocket of Hari Jatav. When
the applicant tried to snatch the purse of Rajkumar, then it was
obstructed by him and accordingly, the applicant and co-accused
assaulted Rajkumar by fists and blows and snatched his purse. It was
further alleged that an amount of Rs.100/- as well as Aadhar Card,
THE HIGH COURT OF MADHYA PRADESH
MCRC No.7603/2022
(SHAHID KHAN VS. STATE OF M.P.)
Pan Card, ATM Card and other documents were kept in the purse. It
is submitted that the applicant is in jail for the last more than three
months. The motorcycle, which was allegedly used for the
commission of offence, was recovered apart from a cash amount
Rs.4,700/- and a .315 bore country made pistol. He has no criminal
history. 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. However, after going through the police case
diary, it was fairly conceded that the applicant has not criminal
history.
Considering the period of detention as well as 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
applicant 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 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.
In the light of the judgment passed by the Supreme Court in
THE HIGH COURT OF MADHYA PRADESH
MCRC No.7603/2022
(SHAHID KHAN VS. STATE OF M.P.)
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)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.02.11
17:51:57 -08'00'
