Sarfaraz Babu Pathan vs The State Of Madhya Pradesh on 8 February, 2023

[Cites 7, Cited by 1]

Madhya Pradesh High Court

Sarfaraz Babu Pathan vs The State Of Madhya Pradesh on 8 February, 2023

Bench: Vishal Dhagat

                                                       1
                            IN   THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                           ON THE 8 th OF FEBRUARY, 2023
                                       MISC. CRIMINAL CASE No. 60894 of 2022

                           BETWEEN:-
                           SONU KEERTANI S/O ISHWAR KEERTANI, AGED ABOUT
                           34   YEARS, WARD NO.2 SOGAPATH BALAGHAT
                           DISTRICT AND     TEHSIL BALAGHAT (MADHYA
                           PRADESH)

                                                                               .....APPLICANT
                           (BY SHRI MANISH DATT, SR. ADVOCATE WITH SHRI PAWAN GUJAR,
                           ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                           PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT )

                                       MISC. CRIMINAL CASE No. 62202 of 2022

                           BETWEEN:-
                           NITIN BHOJ S/O KHUBCHAND BHOJ, AGED ABOUT 40
                           YEARS, OCCUPATION: SELF EMPLOYED WARD NO. 15
                           GAWLI MOHALLA BALAGHAT (MADHYA PRADESH)

                                                                               .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI BALAGHAT DISTRICT BALAGHAT
                           (MADHYA PRADESH)

                                                                            .....RESPONDENTS
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 2/9/2023
12:36:50 PM
                                                           2
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 62204 of 2022

                           BETWEEN:-
                           NITIN BHOJ S/O KHUBCHAND BHOJ, AGED ABOUT 40
                           YEARS, OCCUPATION: SELF EMPLOYED WARD NO.15
                           GAWLI MOHALLA BALAGHAT (MADHYA PRADESH)

                                                                              .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI BALAGHAT DISTRICT BALAGHAT
                           (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 62221 of 2022

                           BETWEEN:-
                           NITIN BHOJ S/O KHUBCHAND BHOJ, AGED ABOUT 40
                           YEARS, OCCUPATION: SELF EMPLOYED R/O WARD NO.
                           15, GAWLI MOHALLA BALAGHAT (M.P.) (MADHYA
                           PRADESH)

                                                                              .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           KOTWALI BALAGHAT DISTRICT BALAGHAT (M.P.)
                           (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 62226 of 2022

Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 2/9/2023
12:36:50 PM
                                                        3

                           BETWEEN:-

                           NITIN BHOJ S/O KHUBCHAND BHOJ, AGED ABOUT 40
                           YEARS, OCCUPATION: SELF EMPLOYED WARD NO.15
                           GAWLI MOHALLA BALAGHAT (MADHYA PRADESH)

                                                                               .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI BALAGHAT DISTRICT BALAGHAT
                           (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                         MISC. CRIMINAL CASE No. 19 of 2023

                           BETWEEN:-
                           1.    NISHANT MISHRA S/O LATE SHIV NARAYAN
                                 MISHRA, AGED ABOUT 37 YEARS, OCCUPATION:
                                 LABOURER R/O WARD NO. 21, CIRCUIT HOUSE
                                 ROAD, BALAGHAT, THANA KOTWALI, DISTT.
                                 BALAGHAT (M.P.) (MADHYA PRADESH)

                           2.    MOHD. ABBU SALEEM ANSARI S/O LATE P.H.
                                 ANSARI, AGED ABOUT 47 YEARS, OCCUPATION:
                                 LABOURER R/O WARD NO 13, IN FRONT OF
                                 POLICE LINE BUDHI BALAGHAT (MADHYA
                                 PRADESH)

                                                                               .....APPLICANT
                           (BY SHRI MANISH DATT, SR. ADVOCATE WITH SHRI PAWAN GUJAR,
                           ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THR. P.S. KOTWALI
                           P.S. KOTWALI, DISTT. BALAGHAT (M.P.) (MADHYA
                           PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 2/9/2023
12:36:50 PM
                                                        4
                                         MISC. CRIMINAL CASE No. 22 of 2023

                           BETWEEN:-
                           1.    NISHANT MISHRA S/O LATE SHRI SHIV NARAYAN
                                 MISHRA, AGED ABOUT 37 YEARS, OCCUPATION:
                                 LABOURER RESIDENT OF WARD NO. 21, CIRCUIT
                                 HOUSE ROAD BALAGHAT THANA KOTWALI
                                 (MADHYA PRADESH)

                           2.    MOHD. ABBU SALEEM ANSARI S/O LATE P.H.
                                 ANSARI, AGED ABOUT 47 YEARS, OCCUPATION:
                                 LABOURER R/O WARD NO. 13 IN FRONT OF
                                 POLICE LINE BUDHI BALAGHAT DISTRICT
                                 BALAGHAT (MADHYA PRADESH)

                                                                                .....APPLICANT
                           (BY SHRI MANISH DATT, SR. ADVOCATE WITH SHRI PAWAN GUJAR,
                           ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                           PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                         MISC. CRIMINAL CASE No. 32 of 2023

                           BETWEEN:-
                           1.    NISHANT MISHRA S/O LATE SHIV NARAYAN
                                 MISHRA, AGED ABOUT 37 YEARS, OCCUPATION:
                                 LABOURER R/O WARD NO. 21, CIRCUIT HOUSE
                                 ROAD, BALAGHAT, THANA KOTWALI, DISTT.
                                 BALAGHAT (M.P.) (MADHYA PRADESH)

                           2.    MOHD. ABBU SSALEEM ANSARI S/O LATE
                                 P.H.ANSARI,  AGED  ABOUT    47  YEARS,
                                 OCCUPATION: LABOURER RESIDENT OF WARD
                                 NO. 13 IN FRONT OF POLICE LINE BUDHI
                                 BALAGHAT DISTRICT BALAGHAT (MADHYA
                                 PRADESH)

                                                                                .....APPLICANT
                           (BY SHRI MANISH DATT, SR. ADVOCATE WITH SHRI PAWAN GUJAR,
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 2/9/2023
12:36:50 PM
                                                       5
                           ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THR. P.S. KOTWALI
                           P.S.KOTWALI, DISTT. BALAGHAT (M.P.) (MADHYA
                           PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 4672 of 2023

                           BETWEEN:-
                           SARFARAZ BABU PATHAN @ BABU SHATAR S/O LATE
                           ZAKIR HUSSAIN, AGED ABOUT 27 YEARS, WARD NO. 8
                           BAIHAR ROAD BALAGHAT, M.P. (MADHYA PRADESH)

                                                                               .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           KOTWALI BALAGHAT DISTRICT- BALAGHAT, M.P.
                           (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 4689 of 2023

                           BETWEEN:-
                           SARFARAZ @ BABU SHATAR S/O LATE ZAKIR HUSSAIN,
                           AGED ABOUT 27 YEARS, WARD NO. 8 BAIHAR ROAD
                           BALAGHAT, M.P. (MADHYA PRADESH)

                                                                               .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           KOTWALI BALAGHAT DISTRICT- BALAGHAT, M.P.
                           (MADHYA PRADESH)
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 2/9/2023
12:36:50 PM
                                                        6

                                                                             .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 4708 of 2023

                           BETWEEN:-
                           SARFARAZ BABU PATHAN S/O LATE ZAKIR HUSSAIN,
                           AGED ABOUT 27 YEARS, WARD NO. 8 BAIHAR ROAD
                           BALAGHAT, M.P. (MADHYA PRADESH)

                                                                                .....APPLICANT
                           (BY SHRI SANKALP KOCHAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           KOTWALI DISTRICT- BALAGHAT, M.P. (MADHYA
                           PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                       MISC. CRIMINAL CASE No. 6130 of 2023

                           BETWEEN:-
                           SONU @ SUNIL S/O SHRI ISHWARLAL KIRTANI
                           WRONGLY MENTIONED IN THE IMPUGED ORDER AS
                           ISHWAR   KIRTANI, AGED ABOUT 37 YEARS,
                           OCCUPATION:   OCCUPATION B U S I N ES S WRONGLY
                           MENTIONED IN THE IMPUGNED AS 34 YEARS R/O
                           WARD NO. 21 SOGAPATH GALI BALAGAHT POLICE
                           STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                           PRADESH)

                                                                                .....APPLICANT
                           (BY SHRI MANISH DATT, SR. ADVOCATE WITH SHRI PAWAN GUJAR,
                           ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI BALAGHAT (MADHYA PRADESH)

                                                                             .....RESPONDENTS
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 2/9/2023
12:36:50 PM
                                                           7
                           (BY SHRI A. K. PATHAK, GOVT. ADVOCATE &
                           SHRI SHISHIR SONI, ADVOCATE FOR COMPLAINANT)

                                   These applications coming on for admission this day, the court passed
                           the following:
                                                                 ORDER

These are first bail applications filed by the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail as they are under apprehension of their arrest in connection with Crime No./F.I.R No.506/2022, Crime No.508/2022, Crime No.509/2022, Crime No.510/2022, registered at Police Station Kotwali, District Balaghat (M.P.) for the offences punishable under Sections 384, 386, 389, 323, 506 and 34 of IPC.

2. Learned senior counsel appearing for applicants/accused persons has submitted that there is property dispute between the applicants and complainant party, therefore, FIRs were lodged by both the parties against each other. Considering the fact that there is compromise between the parties, therefore, applicants be released on anticipatory bail.

3. The Government Advocate opposed the application for grant of anticipatory bail and submitted that applicants are also having criminal antecedents.

4. Learned counsel for the applicants submitted that other cases are old and stale. Some cases are between the same parties.

5. Counsel appearing for the complainant admitted that there is compromise between the parties and the matter has been resolved between them.

6. Considering the aforesaid circumstances, applications filed by the applicants for grant of anticipatory bail are allowed.

7. It is directed that in the event of arrest of applicants in connection with Signature Not Verified Signed by: KRISHNA SINGH Signing time: 2/9/2023 12:36:50 PM 8 the aforesaid crime number/F.I.R and the offences, they be released on bail on each of them furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. The applicants are directed to join the investigation immediately and to co-operate with the investigating agency. They will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 2/9/2023 12:36:50 PM

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court