Madhya Pradesh High Court
Mohammad Azharuddin @ Azhar Khan vs The State Of Madhya Pradesh on 22 February, 2023
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 22 nd OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 7608 of 2023
BETWEEN:-
MOHAMMAD AZHARUDDIN @ AZHAR KHAN S/O
MOHAMMAD EKRAMUDDIN, AGED ABOUT 22 YEARS,
OCCUPATION: SERVICE, R/O: 886, CHANDAN NAGAR,
DISTRICT: INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ANIL OJHA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION CHANDAN
NAGAR, DISTRICT: INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI KOUSTUBH PATHAK - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
01. This is fourth application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.580/2022 registered at Police Station Chandan Nagar, District Indore (MP) for offence punishable under Sections 466, 467 and 468/34 of the IPC. The applicant is in custody since 12.07.2022.
02. First application of the applicant bearing M.Cr.C. No.51013/2022 was dismissed as withdrawn by order dated 03.11.2022, second application for grant of temporary bail was dismissed as infructuous by order dated 06.12.2022 Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 27-02-2023 17:58:23 2 in M.Cr.C. No.54862/2022 and third application bearing M.Cr.C. No.61517/2022 was dismissed on merits by order dated 10.01.2023.
03. As per the prosecution, on 11-07-2022 a raid was conducted on the shop of applicant Azharuddinn S/o Ikramuddin Khan situated in Chandan Nagar area which was being run in the name of G-9 Shop. From the shop forged voter ID cards and their documents were confiscated. On being questioned the applicant stated that he has been carrying out the said work since about a year along with the other co-accused. About 3-4 days ago one Afsar Patel had given him a job of preparation of about 315 forged voter ID cards on payment of a sum of Rs.12,000/-. On the basis of the recovery made for the applicant, he has been implicated and arrested for the present offence.
04. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Investigation has been completed and charge-sheet has been filed hence further custodial interrogation of the applicant is no longer required. The applicant is in custody since 12.07.2022 and the trial is likely to take time for its conclusion. It is further submitted that the applicant belongs to a very poor family. He was only a worker of G-9 Shop situated in Chandan Nagar, Indore and the shop owner is co-accused Azharuddin Khan son of Tajuddin Khan who has already been enlarged on bail by this Court by order dated 20.09.2022 in M.Cr.C. No.44913/2022. It is also submitted that subsequent to dismissal of the previous application on merits both the seizure witnesses namely Abdul Gaffar and Vaseem have been examined before the trial Court as PW-1 and PW-2 and both of them have not supported the prosecution case in any manner and have been declared hostile. For that very reason co-accused Shahban Ali has already been enlarged on bail by order dated 07.02.2023 passed in M.Cr.C. Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 27-02-2023 17:58:23 3 No.5595/2023. It is hence submitted that on ground of parity, the applicant be also released on bail.
05. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to be released on bail particularly when his previous application has been dismissed on merits only about two months ago.
06. I have heard the learned counsel for the parties and have perused the case diary as well as statements of seizure witnesses.
07. Subsequent to dismissal of the previous application on merits both the seizure witnesses in respect of the applicant have been examined before the trial Court and both of them have not supported the prosecution case in any manner and have been declared hostile. Now there does not remain any other material witness remaining to be examined on part of the prosecution from which the guilt of the applicant could be proved. For this very reason, subsequent to dismissal of previous application of the applicant on merits, co- accused Shahban Ali has been enlarged on bail by this Court by order dated 07.02.2023 in M.Cr.C. No.5595/2023. The applicant is in custody since 12.07.2022 and the trial is still likely to take time for its conclusion. Thus on ground of parity, I deem it fit to release the applicant on bail.
08. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 27-02-2023 17:58:23 4 concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
09. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(PRANAY VERMA) JUDGE Shilpa Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 27-02-2023 17:58:23