Aslam Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 8582 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 28th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 23817 of 2022

        Between:-
        ASLAM KHAN S/O SHRI BUDDHU KHAN, AGED -
        23   YEARS, OCCUPATION: STUDENT, R/O
        VILLAGE SIGORA POLICE STATION PURANI
        CHAWANI, DISTRICT GWALIOR (MADHYA
        PRADESH)

                                                                 .....APPLICANT
        (BY SHRI JITENDRA SINGH - ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION PURANI CHAWANI, DISTRICT
        GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR )
        (BY SHRI R.S. BANSAL - ADVOCATE FOR THE COMPLAINANT)

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

Case diary is not available. However, the copy of the charge-sheet is available with the counsel for the complainant.

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 First bail application of the applicant was dismissed as withdrawn by order dated 06/04/2022 passed in MCRC No.16519/2022.

The applicant has been arrested on 10/01/2022 in connection with Crime No.449/2021 registered by Police Station Purani Chawani, District Gwalior for offence punishable under Sections 294, 323, 336, 307 & 34 of IPC and Section

325 & 506 of IPC.

According to the prosecution case, the incident took place all of sudden and the allegations against the applicant are that he threw a stone from the roof of his house, thereby causing injury on head of complainant with corresponding fracture of his skull bone. It is submitted by the applicant is in jail for the last five and half months and the incident took place all of sudden and no weapon was used for causing injury. 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 as well as the counsel for the complainant.

Considering the period of detention as well as the nature of allegations levelled against the applicant 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) 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 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.06.28 19:49:28 -07'00'