Madhya Pradesh High Court
Shorabh vs The State Of Madhya Pradesh on 15 November, 2017
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Tabrez vs. State of M.P; Gaurav @ Goldi vs. State of M.P; and Shorabh vs. State of M.P.
M.Cr.C. No19393 of 2017
M.Cr.C. No.10145 of 2017
M.Cr.C. No.18843 of 2017
Indore, Dated:- 15/11/2017
Shri Z. A. Khan, learned Senior Counsel with Shri
Dharmendra Khanchandani, learned Counsel for the applicant
--Tabrez S/o Abdul Shakoor (in M.Cr.C. No.19393 of 2017).
Shri Vivek Singh and Shri Ravi Arora, learned Counsel for
the applicants--Gaurav @ Goldi S/o Vijendra Panwar (in
M.Cr.C. No.10145 of 2017) and for applicant--Shorabh S/o
Nageshwarsingh (in M.Cr.C. No.18843 of 2017).
Shri Amit Singh Sisodiya, learned Public Prosecutor for
the non-applicant/State.
After arguing for some time, Shri Ravi Arora, learned
Counsel for the applicants--Gaurav @ Goldi and Shorabh prays
for withdrawal of bail applications on behalf of both the
applicants.
Prayer allowed.
Accordingly, M.Cr.C. Nos.10145 and 18843 of 2017 are
dismissed as withdrawn.
Heard in M.Cr.C. No.19393 of 2017.
This is 2nd application for grant of bail filed by applicant--
Tabrez, who is implicated in Crime No.211/2017 registered at
Police Station, Pithampur, Sector No.3, District Dhar (MP) for
offence punishable under Sections 394 and 412 of the Indian
Penal Code, 1860 and Sections 25 and 27 of Arms Act, 1959.
The applicant is in custody since 11.07.2017.
Learned Senior Counsel for the applicant has drawn my
attention to the order dated 25.9.2017 and submitted that this
Court considering the fact that recovery of chassis has been
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Tabrez vs. State of M.P; Gaurav @ Goldi vs. State of M.P; and Shorabh vs. State of M.P.
made at the instance of the present applicant and, therefore, his
first application was rejected. Whereas as per case-diary the
chassis has been recovered on the basis of memorandum of
Navneet and not from the present applicant. The main
allegation against the present applicant is of under Section 412
of IPC. He has further drawn my attention to the statement of
(PW-1) Shakil @ Kallu and (PW-2) Rajesh Choudhary and
submitted that all three witnesses have been declared hostile
and they did not support the case of the prosecution and prays
for grant of bail.
Learned Public Prosecutor opposed the prayer and
submitted that recovery of Chassis has been made on the basis
of memorandum of Navneet but prays for rejection of bail
application.
On due consideration of the aforesaid and the material
evidence available in the case-diary, without expressing any
opinion on the merits of the case, Miscellaneous Criminal Case
No.19393/2017 is allowed. It is directed that applicant--
Tabrez shall be released on bail subject to his furnishing a
personal bond in the sum of Rs.40,000/-(Rupees forty
thousand only) with one solvent surety in the like amount to
the satisfaction of the concerned JMFC/CJM for his
appearance before him or trial Court on all dates of hearing as
may be fixed in this behalf by the Court concerned during trial.
This order will remain operative subject to compliance of
the following conditions :-
1.The applicant will comply with all the terms and conditions of the bond executed by him.
2. The applicant will cooperate in the 3 Tabrez vs. State of M.P; Gaurav @ Goldi vs. State of M.P; and Shorabh vs. State of M.P. investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her 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; and
5. The applicant will not seek unnecessary adjournments during the trial.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.19393/2017 is allowed and stands disposed of.
Certified copy as per rules.
(P. K. Jaiswal) Judge pp/ Pankaj Pandey 2017.11.16 05:41:05 -08'00'