Madhya Pradesh High Court
Mohammad Ismaile Khan vs The State Of Madhya Pradesh on 13 November, 2014
1
Mohammad Ismail Khan Vs. State of M.P.
M.Cr.C.No.10296/2014
13/11/2014
Shri R.K. Shukla Advocate for the applicant.
Smt. Sangeeta Pachori, Public Prosecutor for the respondent/
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. Applicant apprehends arrest in connection with offences punishable u/Ss. 307, 147, 148, 149, 353, 323, 332, 435, 485, 427, 186 and 188 of IPC registered as Crime No.148/2011 at Police Station Dabra, District Gwalior.
Learned Government Advocate 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 anticipatory bail is made out.
Case diary indicates that the Executive Magistrate Shri Virendra Kumar Singh along with the staff of the Municipal Corporation, Gwalior, was carrying out demolition of certain houses causing encroachment of public property. The residents of these houses including the present applicant retaliated the action by pelting stones and setting the government vehicle on fire. It appears from cumulative assessment of the entire episode that the incident is based more on impulse that intent and since the applicant has not criminal antecedent and co-accused Deewan Khan has since been enlarged on bail vide order dated 7.4. 2014 passed in M.Cr.C. No. 2702/2014, thus accordingly, without expressing any opinion on merits of the case, I deem it appropriate to allow this application u/S. 2 Mohammad Ismail Khan Vs. State of M.P. M.Cr.C.No.10296/2014 438 of Cr.P.C in the following terms:-
Resultantly, bail application u/S 438 Cr.P.C is allowed in the following terms.
It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs. 25, 000/-(Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority.
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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall 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 before the 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