Madhya Pradesh High Court
Mohd. Shoyeb Alias Shoyeb Mohd. Raja vs The State Of Madhya Pradesh Thr on 17 May, 2018
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M.Cr.C.13019/2018
High Court of Madhya Pradesh
Mohd. Shoyeb alias Shoyeb Mohd Raja v. State of MP.
Gwalior dated, 17.05.2018
Shri Rishikesh Bohre, learned counsel for the applicant.
Shri Sangam Jain, learned Public Prosecutor for the
respondent/State.
In compliance to this court's order dated 24 th of April, 2018 appearing public prosecutor Shri Jain intimates that no information has been received regarding registration of any other crime against the present applicant in any other district.
Appearing counsel for the parties is heard on alleged first regular bail petition filed before this court on behalf of applicant in relation to crime no. 123/2018 registered at Police Station Raghogarh, district Guna for offence punishable u/s. 295-A of the IPC and the produced case diary is perused. Applicant was arrested on 16.3. 2018 and his regular bail petition under same provision has already been dismissed by Special Judge/Additional Sessions Judge, Guna vide order dated 20.3. 2018 whose certified copy is annexed with the application under consideration.
It has been contended by the appearing counsel for the petitioner that he has been falsely implicated in the crime and is detained in custody from 16.3. 2018 and the relating offence is not punishable with life imprisonment and is triable by JMFC and he is having no previous criminal history and conclusion of investigation and thereafter trial will take sufficient time. Hence, it is prayed that benefit of regular bail be given to applicant.
Per contra, above mentioned prayer has been strongly opposed by the public prosecutor on grounds that complainant Zahir Khan submitted a written complaint against applicant at police station, Raghogarh that objectionable post was posted by the applicant in relating Whatsapp group which has affected the sentiments of large people of Muslim community and if he be given 2 M.Cr.C.13019/2018 benefit of bail, there is possibility of repetition of offence by the applicant. Therefore, dismissal of bail application is prayed.
Considering the rival contentions raised on behalf of counsel for the parties, without commenting on the merits of the case, as relating offence is not punishable with life imprisonment and is triable by JMFC and the conclusion of investigation and thereafter trial will take sufficient time, hence it appears proper to give benefit of regular bail with stringent conditions.
Consequently, without commenting on the merits of the case, application filed u/s. 439 of the Cr.P.C by applicant is allowed and it is ordered that applicant Mohd Shoyeb alias Shoyeb Mohd Raja be released on bail on his furnishing a personal bond for Rs. 30,000/- with two solvent sureties of the like amount to the satisfaction of JMFC, Raghogarh for his regular appearance before the court concerned on fixed dates with following conditions, he be released on bail:-
1. The applicant will comply with all the terms and conditions of the bond executed by him.
2. The applicant will not commit any offence in future.
3. The applicant shall not try to influence prosecution witnesses in any manner.
4. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
It is made clear that if any condition is breached by the applicant, then this order will automatically stand canceled.
C.c as per rules.
(Ashok Kumar Joshi)
ar Judge
Digitally signed by ABDUR RAHMAN
Date: 2018.05.18 18:39:38 +05'30'