Madhya Pradesh High Court
Mohd. Sageer Khan vs The State Of Madhya Pradesh on 28 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 28 th OF MAY, 2024
MISC. CRIMINAL CASE No. 15895 of 2024
BETWEEN:-
MOHD. SAGEER KHAN S/O HAJI SHAKOOR
MOHAMMAD, AGED ABOUT 60 YEARS, OCCUPATION:
BUSINESS R/O PACHMATHA ROAD GHOGHAR THANA
CITY KOTWALI DISTRICT REWA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ARUN KUMAR SINGH - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TAT I O N AMAHIYA DISTRICT REWA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI NAMAN MISHRA - PANEL LAWYER AND SHRI PUSHPENDRA
DUBEY - ADVOCATE FOR OBJECTOR )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439
of the Code of Criminal Procedure for grant of regular bail relating to Crime
No.81/2023 registered at Police Station - Amahiya, District- Rewa (M.P.) for
the offence punishable under Section 420, 406, 467, 468, 471, 201 of the Indian
Penal Code. Applicant is in detention since 22.03.2024.
2. As per the prosecution story, complainant lodged FIR against the
applicant alleging that room of the Tamil organization was given on rent to him
by the applicant, claiming to be the President of the said organization with
security deposit of Rs.5,00,000/- and on rent Rs.3000/- per month. On which
the kirayanama was executed. Later, the complainant came to know that the
President of the said organization is Amir Ullah Khan who asked the
complainant to vacate the said room. After vacating the room, the complainant
asked for Rs.5,00,000/- then he came to know that payment of Rs.2,00,000/-
has been made to the applicant's account and Rs.3,00,000/- is yet to be paid.
When the complainant asked for Rs.3,00,000/- the applicant postponed it and
therefore, the said case was registered against the present applicant under the
aforesaid Sections.
3. Learned counsel for the applicant submitted that applicant is in jail
since 22.03.2024. Applicant is innocent and he has been falsely implicated in
this case. It is further submitted that applicant is ready to deposit Rs.2,00,000/-
under protest. Charge sheet has been filed. Applicant has no criminal
antecedents. The trial of the case will take considerable time. Therefore, it has
been prayed that the applicant may be released on bail pending the trial.
4. On the other hand, learned counsel for the State and objector have
opposed the grant of bail to the applicant.
5. Having taken into consideration all the facts and circumstances of the
case, but without commenting on merit of the case, I am inclined to release the
applicant on bail. Consequently, bail application under Section 439 of the Code
o f Criminal Procedure for grant of bail filed on behalf of applicant, stands
allowed on the condition that applicant shall deposit the amount of
Rs.2,00,000/ - under protest which shall be deposited in the FDR till final
judgment and shall not be disbursed to anyone.
6. Thereafter, it is directed that applicant be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the satisfaction of
the trial Court, for his regular appearance before the trial Court during trial with
a condition that he shall remain present before the concerned Court on all the
dates fixed by it during trial. If the said amount is not deposited by the applicant
then bail granted to him shall stand cancelled and he may be sent to jail.
7. In addition to that the applicant shall also abide by the conditions
enumerated in Section 437 (3) of Cr. P. C.
8. Certified copy as per rules.
(PRAMOD KUMAR AGRAWAL)
JUDGE
shahina
