NAWAB KHAN v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-01. NAWAB KHAN v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 1 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 3894 of 2024 BETWEEN:- NAWAB KHAN S/O SHRI MOHAMMAND ALI, AGE 30 YEARS, OCCUPATION: LABOUR RESIDENT OF KAJI PATHA MOHALLA, BHANDER DISTRICT DATIA (MADHYA PRADESH) ..... APPLICANT (SHRI SHAILESH SINGH KAURAV- ADVOCATE FOR APPLICANT) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BHANDER DISTRICT DATIA (MADHYA PRADESH) ..... RESPONDENT (SHRI P. P. S. VAJEETA- PUBLIC PROSECUTOR FOR RESPONDENT- STATE) This application coming on for hearing this day, the court passed the following: ORDER This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 297 of 2023 registered at PS Bhander, District Datia (M. P. ) for offence punishable under section 34(2) of M. P. Excise Act. Applicant is in judicial custody since 17-1-2024.
As per the case of prosecution, on 31-08-2023, on receipt of secret information, Sub-Inspector of Police, PS Bhander along with police force reached near Shahpur Road, Bhander and intercepted the applicant and from Signature Not Verified Signed by: MAHENDRA Signing time: 03-02-2024 12:28:13 AM his possession, 63 bulk liters of illicit country-made plain liquor was recovered. On such allegations, FIR at Crime No. 297 of 2023 was registered at PS Bhander, District Datia (M. P. ) for offence punishable under section 34(2) of M. P. Excise Act against applicant. He is in custody ever since. Relevant seizure has been made. Statements of witnesses have been recorded. Applicant was arrested on 17-01-2024, he is in custody ever since. After completion of investigation, Final Report was filed on 17-01-2023. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter.
The applicant is aged 30 years and labour by profession. He is permanent resident of District Datia. He is sole bread earner in the family and there is no likelihood of his absconsion leaving his family and property. There is no likelihood of tampering with the evidence by applicant. Alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail. Per contra, learned counsel for the respondent/State opposes the bail application on the gravity of alleged offence and cites criminal history of 17 cases against the applicant. In reply, learned Counsel for the applicant submits that applicant has been acquitted in 15 criminal cases. One case for offence under Section 34(2) of MP Excise Act in connection with Crime No. 135 of 2021 PS Bhander, District Datia is pending for trial wherein applicant has been extended the benefit of bail. Another matter in connection with Crime No.
232 of 2008 for offence under Section 25B of Arms Act is not traceable. Applicant has never been convicted. Signature Not Verified Signed by: MAHENDRA Signing time: 03-02-2024 12:28:13 AM Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant Nawab Khan shall be released on bail in connection with Crime No. 297 of 2023 registered at PS Bhander, District Datia (M. P. ) for offence punishable under section 34(2) of M. P. Excise Act upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs.
Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh Signature Not Verified Signed by: MAHENDRA Signing time: 03-02-2024 12:28:13 AM dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial.
However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE MKB Signature Not Verified Signed by: MAHENDRA Signing time: 03-02-2024 12:28:13 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.