Madhya Pradesh High Court
Mo. Akram Urf Aajam vs The State Of Madhya Pradesh on 21 October, 2016
MCRC-18077-2016
(MO. AKRAM URF AAJAM Vs THE STATE OF MADHYA PRADESH)
21-10-2016
Shri Mohan Balmik, learned counsel for the applicant.
Shri Y. D. Yadav, learned Panel Lawyer for the respondent-State.
Heard arguments.
Perused case diary and material on record.
This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Criminal Case No.3741/2016, arising out of Crime No.336/2016 registered at Police Station Belbagh of Jabalpur district against him for the offences punishable under Sections 25 and 27 of the Arms Act, pending on the file of Judicial Magistrate First Class (Shri Deepak Kumar Agrawal) Jabalpur.
According to the prosecution, on 29.5.2016 the applicant was found in illegal possession of one country made 0.32 bore pistol with one live round.
Learned counsel for the applicant submits that the applicant has been in custody since 29.5.2016. He submits that independent witnesses of seizure memo have been turned hostile. He submits that the case is now fixed for recording of the statements of Seizing Officer and the Armourer. He submits that the applicant is a permanent resident of Jabalpur city. He submits that the police had earlier registered a few criminal cases against the applicant, some of them were disposed of and some of them are pending in which he is on bail. He lastly submits that this court has dismissed the applicant's first bail application under Section 439 of the Cr.P.C. as withdrawn. Upon these submissions, he prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the prayer on the ground that the applicant has a career in crime.
On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and upon a perusal of depositions of independent witnesses namely, Rajesh (P.W.1) and Babloo alias Rajkumar (P.W.2), but without commenting on merits of the case, I am of the view that it is a fit case for grant of bail to the applicant. Hence, the application is allowed. It is ordered that applicant Mohd. Akram alias Aajam be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousands only) with one solvent surety of the same amount to the satisfaction of the trial court for securing his presence on all such dates as may be fixed by it in this regard. He shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the trial court will have power to cancel the applicant's bail. Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE ps