Sheikh Irfan vs The State Of Madhya Pradesh on 11 March, 2022

[Cites 5, Cited by 4]

Madhya Pradesh High Court

Sheikh Irfan vs The State Of Madhya Pradesh on 11 March, 2022

Bench: Vishal Mishra

                                                                            1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                    ON THE 11th OF MARCH, 2022

                                                       MISC. CRIMINAL CASE No. 12570 of 2022

                                              Between:-
                                              SHEIKH IRFAN S/O SHEIKH ZAHOOR KHAN , AGED
                                              ABOUT 35 YEARS, OCCUPATION: BUSINESS WARD
                                              NO.35, SHANKAR NAGAR SARRA INFRONT OF
                                              HOODI SHOWROOM POLICE STATION KOTWALI
                                              CHHINDWARA (MADHYA PRADESH)

                                                                                                        .....PETITIONER
                                              (BY SHRI PRAKASH UPADHYAY, ADVOCATE )

                                              AND

                                              THE STATE OF MADHYA PRADESH THROUGH
                                              P.S.KOTWALI P.S.KOTWALI (MADHYA PRADESH)

                                                                                                      .....RESPONDENTS
                                              (BY SHRI A.K.RAWAT, GOVERNMENT ADVOCATE)

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

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 30/09/2021 by Police Station-Kotwali, District Chhindwara (M.P.) in connection with Crime No.476/2021 for the offence punishable under Sections 420, 467, 468, 120-B of IPC.

It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. Charge sheet has been filed on 19.12.2021, in the matter. It is further submitted that he has acted as the middleman in the commission of offence. There is no further requirement of custodial interrogation of the applicant who is in custody since 30.09.2021. The applicant is a first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court, while considering his application for grant of bail. On these grounds, he prays for grant of bail.

Signature Not Verified

SAN Per contra, learned counsel appearing for the State has vehemently opposed Digitally signed by SHALINI LANDGE Date: 2022.03.11 18:13:17 IST the application stating that there is active participation of the applicant in the 2 commission of offence. Factum of filing of charge-sheet and applicant being the first offender is not disputed by the State counsel.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. Subject to verification of the fact that applicant is a first offender, he be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of 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 applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. If the applicant is found involved in any case except present one, her bail shall stand rejected without any reference to the Court.

8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Signature Not Verified

In view of the COVID-19, jail authorities are directed that before releasing SAN Digitally signed by SHALINI LANDGE the applicant, medical examination of applicant shall be undertaken by the jail Date: 2022.03.11 18:13:17 IST doctor and on prima facie, if it is found that he is having the symptoms of 3 COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE Sha Signature Not Verified SAN Digitally signed by SHALINI LANDGE Date: 2022.03.11 18:13:17 IST

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