Mohammad Khalid Parvej vs The State Of Madhya Pradesh on 6 January, 2023

[Cites 9, Cited by 1]

Madhya Pradesh High Court

Mohammad Khalid Parvej vs The State Of Madhya Pradesh on 6 January, 2023

Bench: Vishal Dhagat

                                 1
 IN       THE     HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                    ON THE 6 th OF JANUARY, 2023
                MISC. CRIMINAL CASE No. 61087 of 2022

BETWEEN:-
1.    MOHAMMAD KHALID PARVEJ S/O SHRI AALE
      AHMAD, AGED ABOUT 64 YEARS, OCCUPATION:
      PRIVATE JOB R/O PARVEJ VILLA SAHERA, ROAD
      I.M.INTER COLLEGE KE SAMNE NIYAR YAR
      AMROHA DISTRICT AMROHA (UTTAR PRADESH)

2.    NASEEM AHMAD ABBASI S/O AMJAD ALI, AGED
      ABOUT 64 YEARS, OCCUPATION: PRIVATE JOB
      R/O KAJI TRADERS KHAN NAGAR ANIBOSE
      KANNOUJ (UTTAR PRADESH)

                                                             .....APPLICANTS
(BY SHRI NITIN JAIN - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOHEFIZA DISTRICT-BHOPAL (MADHYA
PRADESH)

                                                            .....RESPONDENT
(BY MS. SWATI ASEEM GEORGE - ADVOCATE FOR OBJECTOR AND SHRI
C.P. SINGH PARMAR - GOVERNMENT ADVOCATE)

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

This i s fi rst application under Section 438 of the Code of Criminal Procedure as applicants are apprehending their arrest in connection with Crime No.446/2022 for the offences punishable under Sections 420, 406, 409, 34 of the Indian Panel Code registered at Police Station-Kohefiza, District-Bhopal (M.P.).

2. Learned counsel appearing for applicants submitted that applicants are innocent and have falsely been implicated in the case. Applicants were in trading relationship with the complainant party. There is dispute of money transaction between the parties, therefore, FIR has been registered against the applicants under Sections 420, 406, 409 and 34 of the IPC. No offence under Sections 420, 409 of the IPC is made out against the applicant. Co-accused namely Mubarik Ahmad has been enlarged on bail vide order dated 16.11.2022 passed in MCRC No.48716/2022. On aforesaid grounds, he prays for grant of bail to the applicants.

3. Learned Government Advocate appearing for State as well as counsel for Objector has opposed the anticipatory bail application. It is submitted that huge money is to be paid by the applicants.

4. Learned counsel appearing for Objector is unable to justify that how offence under Section 420 of the IPC is made out against the applicants.

5. Heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, I find it to be a fit case where benefit of anticipatory bail can be granted to the applicants. Hence, anticipatory bail application, is allowed.

7. It is directed that in the event of arrest of applicants by the police in the aforesaid crime, applicants shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety and security each in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for their regular appearance before the Police during the investigation or before the Court during trial.

8. This order will remain operative subject to compliance of the 3 following conditions by the applicants :

1. The applicants will comply with all the terms and conditions of the bond executed by them;

2. The applicants will cooperate in the investigation/trial, as the case may be;

3 . The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicants shall not commit offence similar to the offence of which they are accused;

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

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

Certified copy as per rules.

(VISHAL DHAGAT) SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2023.01.06 16:59:08 +05'30' JUDGE shabana

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court