(C. V. Sirpurkar)
Judge
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Digitally signed by S HUSHMAT HUSSAIN
Date: 2018.05.01 19:15:08 +05'30'
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IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
Cr.A. No.3019/2018
(Rajjak @ Raja Vs. State)
Considering the facts and circumstances of the case, this
application is allowed. It is directed that on the applicant
The High Court of Madhya Pradesh
M.Cr.C.No.15094/2019
(Abdul Rajjak Vs. State of M.P. )
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depositing a sum of Rs.1,00,000/- (Rupees one lac only)
(under protest) before the trial Court, the applicant Abdul
Rajjak, shall be released on bail on his furnishing personal
bond in the sum of Rs.30,000/- (Rupees thirty thousand
only) with one solvent surety to the satisfaction of the trial
Court. The applicant shall abide by the conditions as
enumerated under Section 437(3) of the Cr.P.C. and in the
event of breach of condition of bail, the trial Court will be
competent to take coercive action against the applicant. It is
further directed that the amount so deposited shall be kept in
the form of FDR for a period of 3 years before the trial Court
and shall be subject to the final outcome of the trial.
Learned counsel for the petitioner at the outset has drawn the
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attention of this Court towards the judgment delivered in the case of
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Abdul Rajjak Vs. State of M.P. reported in 2007(2) M.P.H.T. 400
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and her contention is that in light of the aforesaid judgment even if an
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alternative remedy is available, present petition is maintainable. She
has also argued that the petitioner was absent on certain occasions in
a
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the meeting of mayor-in-council and he was absent on account of the
fact that he was required to attend a marriage as well as Court cases
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and inspite of the aforesaid case, he has been removed as a Councillor
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and the learned Collector has gone to the extent of debarring him to
contest election for a period of 10 years.