Madhya Pradesh High Court
Arsad vs The State Of Madhya Pradesh on 19 May, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 19th OF MAY, 2022
MISC. CRIMINAL CASE No. 25343 of 2022
Between:-
ARSAD S/O AKHTAR KHAN BAKSH , AGED
ABOUT 20 YEARS, OCCUPATION: LABOUR R/O
VILLAGE IMALIYA, P.S. KARELI, DISTRICT
NARSINGHPUR (MP) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI UMESH K. VAIDHYA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
P.S. KARELI DISTRICT NARSINGHPUR (M.P.)
(MADHYA PRADESH)
2. VICTIM A D/O NOT KNOWN THROUGH POLICE
STATION KARELI, DISTRICT NARSINGHPUR
M.P. (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY SHRI LAVEN ARORA, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
T he present petition under Section 482 of the Cr.P.C. has been filed
seeking modification in the order dated 12.05.2022 passed in
M.Cr.C.No.22705/2022 whereby a cost of Rs.25,000/- has been imposed upon
the petitioner while deleting a condition of the bail order dated 18.04.2022
passed in M.Cr.C.No.17105/2022 that "subject to verification of the fact that
Signature Not Verified
SAN
the applicant is the first offender".
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.05.24 11:50:14 IST
It is submitted that this Court has allowed the second bail application
filed by the petitioner vide order dated 18.04.2022 passed in
M.Cr.C.No.17105/2022 imposing a condition that subject to the verification of
the fact that the applicant is the first offender. At the time of furnishing of the
bail bonds when the aforesaid aspect was verified, it was pointed out that the
present applicant is not the first offender and he was having criminal history of
two cases. Therefore, the petitioner has filed an application under Section 482
of Cr.P.C. for deleting the aforesaid condition and this Court vide order dated
12.05.2022 passed in M.Cr.C.No.22705/2022 has allowed the petition and
directed the petitioner to be released on bail subject to payment of cost of
Rs.25,000/-. It is further submitted that the petitioner has been acquitted in the
aforesaid cases and this fact was not within the knowledge of learned counsel
for the applicant while filing earlier petition under Section 482 of Cr.P.C. A
copy of the judgment dated 22.10.2021 passed by Judicial Magistrate First
Class, Narsingpur in RCT/1496/2020 alongwith an application for taking
additional document on record. He has prayed for modification of the order
dated 12.05.2022 passed in M.Cr.C.No.22705/2022 and deletion of condition
of imposing a cost of Rs.25,000/-.
I n view of the aforesaid, the condition mentioned in the order dated
12.05.2022 passed in M.Cr.C.No.22705/2022 to the effect that "subject to
payment of cost of Rs.25,000/-" is hereby deleted. As the condition of the bail
order dated 18.04.2022 to the effect that " subject to the verification of the fact
that the applicant is the first offender" has already been deleted by this Court
vide order 12.05.2022, the applicant is directed to be released on bail on
Signature Not Verified
fulfillment of rest terms and conditions of the bail order dated 18.04.2022 in
SAN
Digitally signed by SUSHEEL KUMAR
M.Cr.C.No.17105/2022.
JHARIYA
Date: 2022.05.24 11:50:14 IST
The order shall be read conjointly with the order dated 18.04.2022
passed in M.Cr.C.No.17105/2022 as well as the order dated 12.05.2022 passed
in M.Cr.C.No.22705/2022.
With the aforesaid, this petition stands disposed of.
Certified copy as per rules.
A copy of this order be kept in the record of M.Cr.C.No.17105/2022.
(VISHAL MISHRA)
V. JUDGE
sj
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.05.24 11:50:14 IST
