Nafees Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7032 MP

                                                           1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                 ON THE 1 st OF MAY, 2023
                                          MISC. CRIMINAL CASE No. 5941 of 2023

                         BETWEEN:-
                         NAFEES KHAN S/O SHRI NIYAJ KHAN, AGED ABOUT 44
                         YEARS, OCCUPATION: LABOUR R/O WARD NO. 36 NEAR
                         UNDER BRIDGE PURANI BASTI SHAHDOL POLICE
                         STATION KOTWALI DISTRICT SHAHDOL (MADHYA
                         PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI R.P. YADAV - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION KOTWALI DISTRICT SHAHDOL (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI ASHISH MISHRA - PANEL LAWYER)

                               This application coming on for admission this day, the Court passed
                         the following:
                                                            ORDER

This is the repeat application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail who is under custody since 06.04.2022 in relation to FIR No. 265/2022 (date not mentioned) registered at Police Station-Kotwali, District-Shahdol for the offence punishable under Sections 8/20 of NDPS Act and Sections 25(1)(b), 25 and 27 of the Arms Act. His earlier application (M.Cr.C.No.52673/2022) was dismissed as withdrawn by this Court on 04.01.2023.

As per the prosecution, 20.500 kg.Ganja as well as 315 bore country Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 5/3/2023 10:25:52 AM

made gun, 7 live cartridges of 315 bore gun, one sword, three sharp knives and one sharp Gupti have been seized from the possession of the applicant. 17 criminal cases have been registered against the applicant.

Learned counsel for the applicant has filed certain orders/judgments on record to show that most of the criminal cases are over.

The documents filed on record show that only in three of the cases the applicant has been acquitted, however, two cases have resulted into compromise and in other two he has been convicted. This shows that the applicant is a habitual offender.

The contention of learned counsel for the applicant is that there is

discrepancies in the date of recording of statement as well as when the FIR was registered. However, that may be due to typographical error which would be considered by the trial Court at the time of framing of charge or during evidence.

Looking to the involvement of the present applicant in number of cases, mostly of the similar nature, I am not inclined to grant bail to the present applicant. The repeat application is, accordingly, dismissed.

(NANDITA DUBEY) JUDGE jk

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 5/3/2023 10:25:52 AM