Madhya Pradesh High Court
Mohammad Altaf vs The State Of Madhya Pradesh on 2 November, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.41618/2020
Mohmmad Altaf S/o Mohmmad Yaqub V/s. State of M.P.
-: 1 :-
Indore, dated : 02.11.2020
Shri Mahesh Kumar Sharma, learned counsel for the
applicant.
Respondent/State by Shri Pradyumna Kibe, Panel
Lawyer.
ORDER
This is a First application under Section 438 of Cr.P.C. by the applicant - Mohmmad Altaf S/o Mohmmad Yaqub, who apprehends his arrest by Police in connection with Crime No.423/2020 registered at Police Station Y.D.Nagar, Mandsaur, District Mandsaur, concerning offence under Sections 4, 5 & 6 of the Explosive Substance Act, 1908 and Section 109 of IPC.
2. Heard the learned counsel for the parties through video conferencing and perused the case diary.
3. As per prosecution story, on 01.10.2020, Police has seized large quantity of crackers (142 carton boxes) from the house belonging to the present applicant. The Police arrested Anand Sura, who has stated in his statement that he purchased the aforesaid crackers valued Rs.55,00,000/- from Maharashtra for the sale during forthcoming Diwali festival and he has kept it in the rented house belonging to the present applicant. On the basis of the aforesaid statement, the present applicant has also been made accused in this case.
4. Learned counsel for the applicant submits that vide agreement deed dated 25.09.2020 (Annexure-2) he rented the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41618/2020 Mohmmad Altaf S/o Mohmmad Yaqub V/s. State of M.P. -: 2 :- accommodation to Anand Sura for residential purpose and he took precaution while inserting the Clause No.5 that if he is found indulged in any illegal activity then he would be responsible for that. A copy of the notarized agreement (Annexure-2) is filed in this bail application. Hence, the applicant is praying for grant of anticipatory bail.
5. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail by submitting that large quantity of crackers have been recovered from the house belonging to the present applicant and it appears that it was within his knowledge and he did not object it, therefore, he is equally responsible for the commission of offence.
6. I have perused the case diary as well as his agreement. The aforesaid house was given on rent, even in memorandum statement he has not stated that the applicant was having any knowledge about this storage, hence, without commenting on the merits of the case, application is hereby allowed. Applicant Mohmmad Altaf S/o Mohmmad Yaqub be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting officer with the condition that he will co-operate with the investigation and the applicant shall make himself available for interrogation by the Police Officer as and when required and shall also abide by the conditions No.1 to 3 of sub section (2) of Section 438 of Cr.P.C.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41618/2020 Mohmmad Altaf S/o Mohmmad Yaqub V/s. State of M.P. -: 3 :-
7. With the aforesaid, this M.Cr.C. Stands disposed of.
C.c. as per rules.
( VIVEK RUSIA ) JUDGE ns NEERAJ NEERAJ SARVATE 2020.11.02 SARVATE 19:05:41 +05'30'