Madhya Pradesh High Court
Manjoor Khan vs The State Of Madhya Pradesh on 5 December, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47231/2018
( Manjoor Khan Vs. State of M.P.)
1
Jabalpur, Dated : 05.12.2018
Shri Manish Datt, Sr. counsel with Shri Chetan Jaggi counsel for
the applicant.
Shri Vivek Lakhera, G.A. for the respondent / State.
Heard with the aid of case diary.
This is second application of the applicant Manjoor Khan filed under section 439 Cr.P.C. for grant of bail in connection with Crime No. 361/2018 registered at Police Station Moghat Road, District Khadwa for the offence punishable under Sections 395, 328, 323 and 365 of IPC.
The first bail application of the applicant has been dismissed on merits vide order dated 12.11.2018 passed in M.Cr.c. 44501/2018 As per the prosecution case, As per the prosecution case, on 09/09/2018 complainant Dharampal resident of village, Dhana, District Solan (Himachal Pradesh) lodged a report at Police Station Moghat Road, District Khandwa averring that he is the owner of truck container bearing registration No.HP-12-D-5860. On 21/08/18 he got 494 Gas stoves and 520 mixers worth of Rs.20,50,000/- from Kesar appliances loaded in his truck through India Transport agency for delivering the same to T.T.K. Project Limited Hyderabad. Sukhwinder was the driver on the truck. On the way on 31/08/2018 he parked the truck at Sundar Dhaba situated at Indore Khandwa road where co-accused Kasind Patel, Kallan, Shahrukh and Maharaj, workers of the said Dhaba after giving him some intoxicating substance assaulted and kidnapped him and thereafter looted the aforesaid material loaded in the truck. On that police registered crime No.361/2018 for the offence punishable under Sections 395, 328, 323 and 365 of the IPC against the co-accused Kasind Patel, Kallan, Shahrukh and Maharaj. During the investigation, it was found that said looted property i.e. gas stoves, and mixer grinders were concealed in the house of the applicant. On that police seized that looted goods from the possession of applicant.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.47231/2018 ( Manjoor Khan Vs. State of M.P.) 2 is submitted that applicant has no criminal post. Charge-sheet has been filed. The applicant is in custody since 12.09.2018 and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that applicant was also involved in the crime, so he should not be released on bail.
Earlier bail application of the applicant has been dismissed with observation that investigation is going on so this Court is not inclined to grant bail to the applicant at this stage. Thereafter, charge sheet has been filed. So, looking to the facts and circumstances of the case and as to the fact that applicant has no criminal past and there is no direct evidence on record to show that applicant has also committed loot and that he is in custody since 12.09.2018, charge- sheet has been filed and conclusion of trial is likely to take long time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned 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 or to the Police Officer, as the case may be;
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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.47231/2018 ( Manjoor Khan Vs. State of M.P.) 3
6. The applicant will not leave India without previous permission of the trial Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey) Judge sarathe Digitally signed by NAVEEN KUMAR SARATHE Date: 2018.12.05 15:20:48 +05'30'