Madhya Pradesh High Court
Wasim vs The State Of Madhya Pradesh on 8 March, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 8th OF MARCH, 2022
MISC. CRIMINAL CASE No. 9262 of 2022
Between:-
WASIM S/O SHRI MUSA KHAN, AGED ABOUT 22
YEARS, OCCUPATION: PRIVATE WORK R/O AUTHA
TAHS IL PUNHANA POLICE STATION PUNHANA
DISTRICT NOOH (HARYANA)
.....APPLICANT
(BY SHRI MANISH DATT, LERNED SENIOR COUNSEL WITH SHRI
PAWAN GUJAR)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION JUNNARDEO DISTRICT
CHHINDWARA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SUNIL GUPTA, PANEL LAWYER)
This M.Cr.C. coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is the first application under Section 439 Cr.P.C for grant of bail. Applicant Wasim was arrested on 12.08.2019 in connection with Crime No.227/2019 registered at Police Station Junnardeo, Distt. Chhindwara (M.P.) for the offence punishable under Sections 457, 380, 427, 120-B of IPC and Sections 3 & 4 of the Prevention of Damage to Public Property Act.
A s per prosecution case, in the intervening night of 23-24/07/2019, the applicant Wasim and co-accused Kailash, Tahir, Ravi Belvanshi, Shahrukh @ Kalu, Raies, Iklakh and Saddam stole a sum of Rs.45,30,700/- from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Market, Junnardeo after cutting the ATM machines by the gas cutter. Police arrested the applicant on 12/08/2019 and seized Rs.2,00,000/- from the possession of the applicant.
Learned counsel for the applicant submits that applicant is innocent and has Signature Not Verified SAN falsely been implicated in the offence. The applicant has been in custody since Digitally signed by ANURAG SONI Date: 2022.03.08 17:23:17 IST 12/08/2019, while trial is still pending and conclusion of trial will take time, hence 2 prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant and other co-accused persons committed theft from two ATM machines after cutting those machines by gas cutter. Police seized Rs.2,,00,000/- from the possession of the applicant. Other offences are also registered against the applicant. So, he should not be released on bail.
Looking to the facts and circumstances of the case and the fact that the applicant is in custody since 12/08/2019, while trial is still pending and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
Signature Not Verified SAN(RAJEEV KUMAR DUBEY) JUDGE Digitally signed by ANURAG SONI Date: 2022.03.08 17:23:17 IST as 3 Signature Not Verified SAN Digitally signed by ANURAG SONI Date: 2022.03.08 17:23:17 IST