Madhya Pradesh High Court
Gaffur vs The State Of Madhya Pradesh on 4 February, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
MISC. CRIMINAL CASE NO.36374 OF 2021
(Gaffur vs State of Madhya Pradesh)
Indore, Dated 04.02.2022
Heard through Video Conferencing.
Mr. Arshad Ahmed Mansoori, Counsel for the Applicant.
Mr. Shashwat Seth, Counsel for the Non-Applicant/State.
Arguments heard. Perused the case diary.
ORDER
This is fourth bail application filed by the applicant - Gaffur S/o Mubarik Shah under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.329/2015 registered at Police-Station - Sadar Bazar, District - Indore (MP) for the offence punishable under Section 302, 212, 120-B of Indian Penal Code, 1860 along with Section 25 and 27 of Arms Act, 1959 and the applicant is in custody since 18.09.2015.
This fourth bail application has been filed temporarily on the ground that the mother of applicant is suffering from various ailments including the paralysis and the documents regarding the same has been placed on record for perusal and which has been verified by the Counsel for the State.
Counsel for the applicant submits that the mother of applicant is suffering from paralysis and she is being presently looked after by the applicant's wife who is also required to take care of her three daughters. He submits that applicant is in jail since 18.09.2015 and the final conclusion of trial would take considerably long time. On earlier occasion also, the applicant was released on temporary bail on account of his father's death vide order dated 13.02.2020 passed in MCRC No.5906/2020 2 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MISC. CRIMINAL CASE NO.36374 OF 2021 (Gaffur vs State of Madhya Pradesh) and he has duly surrendered before the trial Court on due date and has not misused the liberty extended to him. Counsel has further submitted that although his earlier application MCRC No.2100/2017 was dismissed on 01.05.2017 with liberty to renew the prayer after the examination of witness Anwar Khan before the trial Court, however the witness has turned up in the trial Court for the purposes of cross-examination. With these submissions, temporary bail has been sought.
Counsel for the non-applicant/State was also heard who has opposed the bail application.
After due consideration of the facts and circumstances of the case and on perusal of the case diary as well as taking note of the fact that the applicant's mother is suffering from paralysis, without making any opinion on merits of the case, the application filed by the applicant - Gaffur S/o Mubarik Shah is temporarily allowed.
The applicant is directed to be released on temporary bail for a period of one month from the date of his release on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of concerned trial Court/committal Court with an undertaking that he shall surrender immediately after completion of one month from the date of his release, failing which he shall be arrested by the police and be put to face the trial, in accordance with law.
Miscellaneous Criminal Case No.36374 of 2021 stands allowed and is disposed of in above terms.
3IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MISC. CRIMINAL CASE NO.36374 OF 2021 (Gaffur vs State of Madhya Pradesh) Let a copy of this order be sent to the Court concerned for compliance.
Certified copy as per Rules.
(SUBODH ABHYANKAR)
Arun/- JUDGE
ARUN NAIR
2022.02.05 12:30:00
+05'30'