Shakib vs The State Of Madhya Pradesh on 22 March, 2022

[Cites 6, Cited by 5]

Madhya Pradesh High Court

Shakib vs The State Of Madhya Pradesh on 22 March, 2022

Bench: Rajeev Kumar Dubey

                                                                      1
                                      IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   BEFORE
                                                  HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                            ON THE 22nd OF MARCH, 2022

                                                  MISC. CRIMINAL CASE No. 13981 of 2022

                                           Between:-
                                           SHAKIB S/O SHRI NASRUDDIN, AGED ABOUT 20
                                           YEARS, OCCUPATION: LABOUR VILLAGE UTWAR
                                           P.S. VAHIN, DISTT. PALWAL (HARYANA)

                                                                                                     .....APPLICANT
                                           (BY SHRI GHANSHYAM PANDEY, ADVOCATE)

                                           AND

                                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                                           JUNNARDEV DISTRICT CHHINDWARA (MADHYA
                                           PRADESH)

                                                                                                   .....RESPONDENT
                                           (BY SHRI DILIP KUMAR SHRIVASTAVA, GOVERNMENT ADVOCATE)

                                        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 second application under Section 439 Cr.P.C for grant of bail.

Applicant Shakib was arrested on 11/08/2019 in connection with Crime No.227/2019 registered at Police Station Junnardeo, Distt. Chhindwara (M.P.) for the offence punishable under Sections 120-B, 457, 380, 427 of IPC and Section 4 of the Prevention of Damage to Public Property Act.

The earlier bail application filed by applicant was dismissed on merit by this Court vide order dated 17/12/2020 passed in M.Cr.C.No.22887/2020.

A s per prosecution case, in the intervening night of 23-24/07/2019, the applicant Shakib and co-accused Tahir Khan, Kailash, Wasim, 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 11/08/2019 and seized Rs.1,50,000/- from the possession of the Signature Not Verified SAN applicant.

Digitally signed by ANURAG SONI Date: 2022.03.22 17:35:17 IST

Learned counsel for the applicant submits that applicant is innocent and has 2 falsely been implicated in the offence. Though, the earlier bail application filed by the applicant was dismissed on merit, the applicant has been in custody since 11/08/2019, while trial is still pending and conclusion of trial will take time, hence 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.1,50,000/- from the possession of the applicant. Other offences are also registered against the applicant. The earlier bail application filed by the applicant was dismissed on merit, thereafter there is no change in circumstance, 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 11/08/2019, 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 Signature Not Verified SAN 6. The applicant will not leave India without prior permission of the trial Digitally signed by ANURAG SONI Date: 2022.03.22 17:35:17 IST Court.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE as Signature Not Verified SAN Digitally signed by ANURAG SONI Date: 2022.03.22 17:35:17 IST

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