Madhya Pradesh High Court
Salim Khan vs The State Of Madhya Pradesh on 14 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 4307 of 2022
Between:-
SALIM KHAN S/O SHRI KASAM KHAN , AGED
ABOUT 42 YEARS, OCCUPATION: LABOUR
IMALIYA P.S. AHMADPUR DISTRICT SIHORE
PRESENTLY R/O BHURA BHAI BHATTA WALE
VILLAGE SATTI TAHSIL AND DISTRICT RAISEN
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ABDHESH KUMAR GUPTA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
DEEWANGANJ POLICE CHOWKI POLICE STATION
SALAMATPUR RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD SAXENA, GOVERNMENT ADVOCATE)
(Heard through Video Conferencing)
This application has come up for hearing this day, the court passed the
following:
ORDER
This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant-Salim Khan, who is in custody since 27.12.2021 in connection with Crime No.215/2021 registered at Police Station Salamatpur, Distt.-Raisen (M.P.) for the offences punishable under Sections 294, 324, 326, 506 and 323 of IPC.
It is submitted that applicant and the victim are real brothers, they were enjoying their drinks together, when on account of shipping of fish, Raju had hit present applicant with a Danda and in-retaliation applicant had hit Raju whereby he sustained fracture of Tibia bone. It is submitted that it has come on record that wives of both the applicant and the victim had intervened in the matter. They are real brothers. Incident took place under the influence of alcohol and there was no intention to cause any injury. Investigation is complete, charge-sheet is filed, trial Signature SAN Not Verified will take time to conclude, therefore, applicant be enlarged on bail.
Digitally signed by APARNA TIWARIDate: 2022.02.15 Learned Government Advocate for the respondent-State on the other hand 10:06:49 IST 2 opposes the bail application.
Taking the fact into consideration that the applicant is in custody since 27.12.2021, investigation is complete, victim and accused are real brothers, without commenting anything on the merits of the case, this Court deems it appropriate to release the applicant on bail, therefore, this application is allowed.
It is directed that applicant- Salim Khan shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
T he jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona/Omicron Virus, before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE AT