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Madhya Pradesh High Court

Saddam Musalman vs The State Of Madhya Pradesh on 8 March, 2022

Author: Rajeev Kumar Dubey

Bench: Rajeev Kumar Dubey

                                                                        1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                     BEFORE
                                                    HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                               ON THE 8th OF MARCH, 2022

                                                     MISC. CRIMINAL CASE No. 9558 of 2022

                                            Between:-
                                            SADDAM    MUSALMAN     S/O   SHRI   ILIYAS
                                            MUSALMAN,     AGED   ABOUT    30   YEARS,
                                            OCCUPATION: LABOUR R/O VILLAGE SHIKARPUR,
                                            POLICE STATION TAURU, DISTRICT NUH
                                            (HARYANA)

                                                                                                       .....APPLICANT
                                            (BY SHRI MANISH DATT, LEARNED SENIOR COUNSEL WITH SHRI
                                            PAWAN GUJAR, ADVOCATE)

                                            AND

                                            THE STATE OF MADHYA PRADESH THROOUGH
                                            POLICE   STATION JUNNARDEO    DISTRICT
                                            CHHINDWARA (MADHYA PRADESH)

                                                                                                     .....RESPONDENT
                                            (BY SHRI SUNIL GUPTA, PANEL LAWYER)

                                          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 third application under Section 439 Cr.P.C for grant of bail. Applicant Saddam Musalman was arrested on 04/12/2019 in connection with Crime No.227/2019 registered at Police Station Junnardeo, Distt. Chhindwara (M.P.) for the offence punishable under Sections 457, 380, 427, 120-B of IPC and Sections 3 & 4 of the Prevention of Damage to Public Property Act.

The earlier bail applications filed by applicant were dismissed on merit by this Court vide orders dated 25/08/2020 & 08/03/2021 passed in M.Cr.C.Nos.20344/2020 & 7969/2021 respectively.

A s per prosecution case, in the intervening night of 23-24/07/2019, the applicant Saddam Musalman and co-accused Kailash, Wasim, Ravi Belvanshi, Shahrukh @ Kalu, Raies, Iklakh and Tahir Khan stole a sum of Rs.45,30,700/-

SAN from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Digitally signed by ANURAG SONI Date: 2022.03.08 17:23:17 IST Market, Junnardeo after cutting the ATM machines by the gas cutter. Police 2 arrested the applicant on 04/12/2019 and seized Rs.1,00,000/- from the possession of the applicant.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Though, earlier bail applications filed by the applicant were dismissed on merit, but the applicant has been in custody since 04/12/2019, 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.1,00,000/- from the possession of the applicant. Other offences are also registered against the applicant. The earlier bail applications filed by the applicant were dismissed on merit, thereafter there is no change in circumsatnce, so he should not be released on bail.

Though, earlier bail applications filed by applicant were dismissed on merit b y this Court vide orders dated 25/08/2020 & 08/03/2021 passed in M.Cr.C.Nos.20344/2020 & 7969/2021 respectively, the applicant is in custody since 04/12/2019, while trial is still pending and conclusion of the trial will take time, so 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 SAN Digitally signed by ANURAG SONI promise to any person acquainted with the fact of the case so as to dissuade him Date: 2022.03.08 17:23:17 IST 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

6. The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE as Signature Not Verified SAN Digitally signed by ANURAG SONI Date: 2022.03.08 17:23:17 IST