Madhya Pradesh High Court
MCRC/51041/2018 of SHAHJAD KHAN Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH
THE HIGH COURT OF MADHYA PRADESHMCRC.51041.2018(Shahjad Khan Vs. State of M.P.)
GWALIOR; dated 31.12.2018
Shri P.S.Bhadoria, learned counsel, for the applicant.
Shri N.S.Kirar, learned Public Prosecutor for therespondent/State.
Heard the learned counsel for the parties and perused thecase diary.
The applicant has filed this application under Section 439of Cr.P.C. for grant of bail, who has been arrested and is incustody since 06.11.2018, in connection with CrimeNo.393/2018, registered at Police Station Banmore districtMorena, for the offence punishable under Sections 285, 286 ofthe IPC and 4/5 of the Explosive Substance Act.
It is the submission of learned counsel for the applicantthat the case is of false implication. Offences under Section 285and 286 of the IPC are bailable and only on the basis of Section4/5 of the Explosive Substance Act 1884, the applicant is inconfinement and the charge sheet has already been filed. Theapplicant is in custody since 6.11.2018 and therefore,confinement would amount to pre-trial detention. He is ready tocooperate in the investigation. On these grounds, he prayed forgrant of bail to the applicant.
Learned Public Prosecutor for the State on the basis ofcase diary opposed the prayer made by the applicant and prayedfor dismissal of this application.
Considering the submissions advanced by learned counselfor the applicant as well as fact situation of the case, but withoutexpressing any opinion on merits of the case, this application isallowed and it is directed that the applicant be released on bailon furnishing a personal bond in the sum of Rs.50,000/- (Rs.
Fifty thousand only) with one solvent surety of the likeamount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance ofthe following conditions :-
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1. The applicant will comply with all the terms and conditions of Rks.
THE HIGH COURT OF MADHYA PRADESHMCRC.51041.2018(Shahjad Khan Vs. State of M.P.)
the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as thecase may be;case may be;
3. The applicant will not indulge himself in extending inducement,threat or promise to any person acquainted with the facts of thecase so as to dissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be; threat or promise to any person acquainted with the facts of thecase so as to dissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offenceof which he is accused; of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial; the trial;
6. The applicant will not leave India without previous permission ofthe trial Court/Investigating Officer, as the case may be; and the trial Court/Investigating Officer, as the case may be; and
7. The applicant will regularly appear before the trial court and willcause his appearance once in every month before the concernedPolice Station between 10 AM to 2 PM till conclusion of trial.cause his appearance once in every month before the concernedPolice Station between 10 AM to 2 PM till conclusion of trial.
A copy of this order be sent to the Court concerned forcompliance.
C.C. as per rules.
R. K. SHARMA (Anand Pathak)2018.12.31 15:24:22 +05'30'
V.Judge