Sayyad Asraf Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 22567 MP

Madhya Pradesh High Court

Sayyad Asraf Ali vs The State Of Madhya Pradesh on 28 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 28 th OF DECEMBER, 2023
                                           MISC. CRIMINAL CASE No. 57568 of 2023

                           BETWEEN:-
                           SAYYAD ASRAF ALI S/O SAYYAD MUSA ALI, AGED
                           ABOUT 52 YEARS, OCCUPATION: BUSINESS 124 JALLA
                           COLONY KHAJRANA INDORE (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (SHRI AJAY JAIN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER PS RAOJI BAZAR INDORE (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (SHRI MUKESH PARWAL- GOVERNMENT ADVOCATE)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                                ORDER

Case diary is not available.

2. This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

3. Applicant is apprehending his arrest in connection with Crime No.441/2023 registered at Police Station Raoji Bazar District Indore for offence under Sections 379, 411, 201, 413 of IPC.

4. It is submitted by learned counsel for applicant that since the Sessions Court has rejected the application by an elaborate order, therefore, the

application may be considered on the same.

5. Prayer is accepted.

6. It is submitted by learned counsel for applicant that earlier offence under section 413 of IPC was not registered and accordingly, notice under section 41 of Cr.P.C was given to the applicant. The applicant was found in possession of stolen scooter Activa. However, it is the case of the prosecution that 30 RC Books of stolen vehicles were also recovered from the applicant.

7. It is submitted that no other stolen vehicle has been seized from the possession of the applicant. Since offence under section 413 of IPC has been added subsequently, therefore, he apprehends his arrest. The trial will take sufficiently long time and there is no possibility of his absconding and

tampering with the prosecution case.

8. Per contra, learned counsel for State opposed the prayer. It is submitted that since diary is not available, therefore, he is not in a position to make any statement as to whether the applicant is having any criminal history or not but the fact that 30 RC books of other vehicles were seized from the possession of the applicant, therefore there is possibility that he was habitually dealing with stolen vehicle.

9. Considering the fact that earlier a notice under section 41 of Cr.P.C was issued to the applicant and no other stolen vehicle has been seized from his possession, the application is allowed.

10. Accordingly, in case if the applicant appears before Investigating Officer on or before 08.01.2024 and furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety in the like amount to the satisfaction of the concerned Investigating Officer, then he shall be released by the Investigating Officer.

11. It is made clear that in case if the applicant fails to appear before the Investigating Officer on or before 08.01.2024, then this order shall lose its effect.

12. 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.

(G.S. AHLUWALIA) V. JUDGE Sourabh