Madhya Pradesh High Court
Mahammad Shehzad vs The State Of Madhya Pradesh on 7 November, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
MCRC No.51418/2022
1
In the High Court of Madhya Pradesh
At Indore
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 7TH OF NOVEMBER, 2022
Miscellaneous Criminal Case No.51418/2022
Between: -
Mahammad Shehzad S/o Abdul Rauf Khan,
Age- 64 years, Occupation- Retired Government Employee,
R/o- 21-A, Shreeji Vatika, Pipliyahana, Indore, District Indore (MP)
.....APPLICANT
(By Ms. Kratika Khandelwal, Advocate)
AND
The State of Madhya Pradesh
Through Police Station Tokuganj,
Indore District Indore MP
.....RESPONDENT
(By Shri Amit Singh Sisodia, Government Advocate)
...............................................................................................................................
This application coming on for orders this day, the court
passed the following:
ORDER
They are heard. Perused the case diary / challan papers. This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973 for grant of temporary / regular bail, as he / she is arrested in connection with Crime No.44/2022 registered at Police Station Tokuganj, Indore District Indore (MP) for offence punishable under Sections 420, 406, 34, 467, 468, 471 and 477-A of Indian Penal Code, 1860.
Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 07-11-2022 17:54:43 MCRC No.51418/2022 2The applicant is in custody since 03.09.2022. The allegation against the applicant is that he being an employee of Sub Post Office, High Court, Indore has misappropriated an amount of Rs.6,00,000/- (rupees six lakhs) deposited by complainant Preeti Sahu on 05.04.2016 in the Five Years Term Deposit Account.
On the last date of hearing, counsel for the applicant has informed this Court that the applicant is suffering from paralysis / paralytic and is admitted in the M.Y. Hospital, Indore.
The aforesaid fact has been verified by the respondent / State; and as per the report of the Medical Board, it it informed that the applicant is admitted in MY Hospital, Indore and his general condition is poor and is on ventilator support, as he is suffering from acute hemorrhagic stroke and is continuous ventilator support is must to maintain respiration.
In view of the same, this Court finds it expedient to allow the present application for regular bail.
Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on his furnishing a surety in the sum of Rs.50,000/- (Rupees Fifty Thousand only) by Smt. Shahnaz Khan W/o Shri Shehzad Khan (wife of present applicant) who has also filed an affidavit in support of dispensing of vakalatnama in the present case, to the satisfaction of the Trial Court for his / her appearance, as and when directed. The applicant Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 07-11-2022 17:54:43 MCRC No.51418/2022 3 shall be abide by the conditions as enumerated under Section 437 (3) of Cr.P.C.
It is also observed that after his release on bail, if the applicant is found in any criminal activities, the learned judge of the trial court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order, without further reference to this Court.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
All the other pending interlocutory applications, if any, shall stand disposed of.
Certified copy as per rules.
(Subodh Abhyankar) Judge Pithawe RC Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 07-11-2022 17:54:43