Madhya Pradesh High Court
Mohammed Parvez Sheikh vs The State Of Madhya Pradesh on 20 July, 2023
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 20 th OF JULY, 2023
MISC. CRIMINAL CASE No. 31460 of 2023
BETWEEN:-
MOHAMMED PARVEZ SHEIKH
S/O ABDUL MAJID, AGED ABOUT 45 YEARS,
OCCUPATION: BUSINESS R/O 14/4 M.G. ROAD
WARD NO. 7 BARWANI (MADHYA PRADESH)
.....APPLICANT
(SHRI ASHISH GUPTA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER
THROUGH POLICE STATION SANAWAD
DISTRICT KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
( SHRI PRASHANT JAIN - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard. Perused the record.
This is second application under Section 438 of Cr.P.C. filed by the applicant for grant of bail. The applicant is apprehending his arrest in connection with Crime No.151/2023, registered at Police Station - Sanawad District - Khargone (M.P.), for offences punishable under Section 109, 34, 420, 467, 471 of IPC, 1860 and Section 4-A of Public Gambling Act, 1867. Earlier application was dismissed as withdrawn vide order dated 01.06.2023 passed in M.Cr.c. No.23099/2023.
Signature Not Verified Signed by: SUMATHI Signing time: 21-07- 2023 10:15:10 22. Allegation against the applicant is that he is involved in the aforesaid offence wherein the accused persons were operating a gambling racket of IPL, near Ram Temple, Sanawad.
3. Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in the present crime only on the basis of memo of co-accused recorded under Section 27 of Evidence Act. The applicant is a prominent person in the village and his arrest would tarnish his image. Co-accused Nizam has already been released on bail by the trial Court and the case of the applicant is similar to that of co-accused. The applicant is a permanent resident of Barwani District and is ready to co-operate with the investigation. Under these circumstances, counsel prayed for grant of anticipatory bail to the applicant.
4. Learned Government Advocate has opposed the bail application and prayed for its rejection by submitting that the applicant is not co-operating with the investigation and looking to nature of the offence no case is made out for grant of anticipatory bail.
5. On perusal of record it is evident from the earlier order dated 01.06.2023 passed in M.Cr.C. No.23099/2023 the earlier application was withdrawn by the applicant with a prayer to surrender before the trial Court. However, in spite of directions of this Court in the aforesaid order the applicant has not surrendered himself before the trial Court. This is a case for offence punishable under Section 109, 34, 420, 467, 471 of IPC, 1860 and Section 4-A of Public Gambling Act, 1867 which are serious in nature and as per the prosecution, the applicant is not co-operating with the investigation.
Hon'ble Apex Court in the case of State of M.P. vs. Pradeep Sharma Signature Not Verified Signed by: SUMATHI Signing time: 21-07- 2023 10:15:10 3 reported as AIR 2014 SC 624 has held that the powers exercisable under Section 438 of the Code is somewhat extraordinary in character and it is to be exercised only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty.
In the present case, the case of the applicant neither falls under the category of exceptional case nor there is any reasonable ground to hold that the applicant is not likely to misuse his liberty. As such, the application is hereby dismissed.
Certified copy, as per Rules.
(PREM NARAYAN SINGH) JUDGE sumathi Signature Not Verified Signed by: SUMATHI Signing time: 21-07- 2023 10:15:10