Madhya Pradesh High Court
Mubeen Khan vs The State Of Madhya Pradesh on 16 November, 2016
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Mubeen Khan Vs. State of M.P.
M.Cr.C. No.13201/2016
16.11.2016
Shri Atul Gupta Advocate for the applicant.
Shri NS Kirar Panel Lawyer for Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first bail application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested on 27.05.2016 by Police Station Latery, District Vidisha in connection with Crime No.196/2011 registered in relation to the offence punishable u/Ss. 147, 148, 149, 452, 436, 429, 506, 323, 324 & 302 of IPC.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
The applicant is in custody since 27.05.2016 for the charge of murder. It is evident from the record that there are 14 persons named in the FIR including the applicant which was lodged sometime in 2011. However, the police concluded investigation only in regard to 7 accused persons and filed charge sheet in February, 2012. In regar d to applicant and six other accused persons investigation was kept pending u/S.173(8) of Cr.P.C. Seven accused persons against whom the investigation had been concluded were convicted by the Additional Sessions Judge, Sironj, District Vidisha by order dated 27.01.2015 in S.T.No.206/2012. Reading of paragraph 54 of the judgment annexed as P-2 and supplementary charge-sheet filed on 07.06.2016 after conclusion of further investigation against the applicant as per the State counsel, the allegation against the applicant is of presence and wielding Pharsi and assaulting with no specific allegation of injuring anyone. Co-accused Munne Khan has since been enlarged on bail by order dated 18.10. 2016 in Mcrc. No. 11988/2016. Case of the present applicant does not appear to be different than the case of said co-accused.
Moreover, out of the above seven convicted accused persons except Hasnu alias Hasan Khan all have since been enlarged on bail by way of suspension of sentence by interim order dated 08.05.2015 passed in Criminal Appeal No.164/2015 copy of which is annexed as P/3.
In view of the above and the fact that there is no overt act against the applicant and in absence of criminal antecedents, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent condition in view of gravity of offence.
Accordingly, without expressing any opinion on merits of 2 Mubeen Khan Vs. State of M.P. M.Cr.C. No.13201/2016 the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. One Lac only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall mark his attendance at the concerned trial court once every fortnight.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge ar