Madhya Pradesh High Court
Kadir@Julfkar vs State Of M.P. on 16 September, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 34248 of 2020 (Mohammad Iqbal Vs. State of MP) & M.Cr.C. No. 34213 of 2020 (Kadir @ Julfkar Vs. State of MP) Indore, Dated: 16/9/2020 Shri Manoj Saxena learned counsel for applicants. Shri Pradyumna Kibe learned counsel for State. Shri Akash Rathi learned counsel for objector/complainant. Heard through video conferencing.
This is an application made by the applicants (accused) under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicants are facing trial for offence punishable under Sections 307, 324, 341, 506, 294, 34, 187 of IPC registered with Police Station Rajgarh District Rajgarh in Crime no. 404/2020.
Learned counsel for the applicants submits that as per the allegation, knife injuries were caused by co-accused Iqram Ansari. He further submits that there is no allegation against the present applicants of causing any injury to complainant nor they were armed with any weapon. He further submits that even the knife which has been seized from the co-accused is of home use and that applicant Kadir @ Julfkar is aged about 73 years. He also submits that applicants are in custody since 23/7/2020 and that the investigation is complete and challan has been filed.
Learned counsel for the State as well as objector have opposed the application for grant of bail and have referred to the FIR allegations.
2On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicants. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicants Mohammad Iqbal & Kadir @ Julfkar are directed to be released on bail on their furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) each with separate surety in the like amount to the satisfaction of the Trial Court for their appearance as and when directed.
The applicants will attend each hearing of their trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.
Certified copy as per rules.
(Prakash Shrivastava) Judge BDJ Digitally signed by Bhuneshwar Datt Date: 2020.09.16 16:08:13 -07'00'