Kasim Khan vs The State Of Madhya Pradesh on 21 December, 2023

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Madhya Pradesh High Court

Kasim Khan vs The State Of Madhya Pradesh on 21 December, 2023

Bench: Anuradha Shukla

                                                             1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        BEFORE
                                         HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 21 st OF DECEMBER, 2023
                                           MISC. CRIMINAL CASE No. 55023 of 2023

                           BETWEEN:-
                           KASIM KHAN S/O SHRI IRFAN KHAN, AGED ABOUT 27
                           YEAR S, OCCUPATION: BUSINESS R/O WARD NO 11
                           SULTANPUR POLICE STATION SULTANPUR DISTRICT
                           RAISEN (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI YASHRAJ SINGH PARIHAR - ADVOCATE)

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

                                                                                        .....RESPONDENT
                           (BY MS. VINITA SHARMA - PANEL LAWYER)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is second application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.252/2023 registered at Police Station Sultanpur, District Raisen, for an offence punishable under Sections 420 and 201 of IPC.

2. Learned counsel for the applicant submits that the applicant is in judicial custody since 07.10.2023 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been Signature Not Verified Signed by: POONAM MANEKAR Signing time: 12/22/2023 3:27:39 PM 2 implicated in the case. The applicant is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

3. Learned counsel for the State has opposed the bail application and prayed for its rejection.

4. Heard learned counsel for the parties and perused the case diary.

5. This is the second bail application on behalf of applicant. His first bail application was dismissed on merits vide order dated 30.10.2023 under M.Cr.C. No.48551/2023. This bail application has been argued on the ground that charge-sheet has been filed and statements of witnesses reveal that they have already filed complaint under Section 138 of Negotiable Instrument Act for punishment and recovery of cheque amount against the applicant, but the charge-sheet itself suggests that applicant has destroyed the cheque book as well as account books as a measure to erase available evidence. If some of the victims have filed the complaint under Section 138 of Negotiable Instrument Act, that would not reduce the culpability of applicant. Further, complainant in this case namely Anil Kumar is not shown to have filed any such complaint.

6. Finding no substantial change in the circumstances, this Court does not find it fit to allow this repeat bail application.

7. Accordingly, this M.Cr.C. stands dismissed.

(ANURADHA SHUKLA) JUDGE pnm Signature Not Verified Signed by: POONAM MANEKAR Signing time: 12/22/2023 3:27:39 PM

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