Zafar Kha @ Kallu vs The State Of Madhya Pradesh
2022 Latest Caselaw 9147 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 8th OF JULY, 2022

               MISC. CRIMINAL CASE No. 32932 of 2022

        Between:-
        ZAFAR KHAN @ KALLU S/O SAKUR KHAN,
        AGED 49 YEARS, OCCUPATION: LABOUR, R/O
        WARD NO 14, KHAN MOHALLA, VIJAYPUR
        TEHSIL  VIJAYPUR,  DISTRICT   SHEOPUR
        (MADHYA PRADESH)

                                                             .....APPLICANT
        (BY SHRI PRASOON MAHESHWARI-ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE   STATION  VIJAYPUR,  DISTRICT
        SHEOPUR (MADHYA PRADESH)

                                                           .....RESPONDENT
        (SHRI RAJEEV UPADHYAY-PUBLIC PROSECUTOR FOR STATE)
        (SHRI S.S.RAWAT-PROXY COUNSEL ON BEHALF OF SHRI G.S.
        SHARMA, COUNSEL FOR COMPLAINANT)

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 22.04.2022 passed in M.Cr.C. No.19957/2022.

The applicant has been arrested on 17.02.2022 in connection with Crime No.30/2022 registered at Police Station Vijaypur Distt. Sheopur for offence under Sections 323, 394, 147, 324, 326 of IPC and Section 11/13 of MDPVPK

Act.

It is submitted by counsel for applicant that this is second repeat application. The first application was dismissed by order dated 22.04.2022 in M.Cr.C. No.19957/2022 with liberty to the applicant to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, the complainant lodged a report on 17.02.2022 that at about 5 pm, he was going towards BEO office Vijaypur. As soon as he reached near the shop of Nasso Khan, the applicant came near to him and slapped him, as a result, the complainant fell down from the motor cycle. He was assualted by fists and blows. Thereafter, Nasso Khan also came on the spot and assaulted him by

fists and blows. The applicant snatched a 20 grams gold chain from his neck and ran away towards his house. It is alleged that 10 minutes thereafter the applicant again came on the spot alongwith a knife and gave a knife blow on his right hand causing injury on the palm of his right hand. The complainant was thereafter asssaulted by other co-accused persons. It is submitted that it is true that the incised wound of 1-1/2 cm x above linear x skin deep vertical on right little finger of the complainant was found alongwith swelling in ring & middle finger of right hand as well as fracture of lower part of middle phalanx of little finger of right hand, but the applicant is in jail for the last more than four months. 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 prosecution case.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. However after going through the police case diary, it is fairly conceded that the applicant has no criminal antecedents.

Heard the learned counsel for the parties.

Considering the period of detention and 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 Only) 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rule.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.08 18:00:28 +05'30'