Aarif Shah @ Gabbu Shah And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicants are facing trial in connection with Crime No.97/2021, registered at Police Station-Manak Chowk, District-Ratlam for offence

punishable under Section 307, 323, 324, 294, 34 of Indian Penal Code, 1860.

The applicants are in custody since 09/03/2021.

The allegation against the applicants is that they along with other co- accused persons assaulted the son of applicant no.1 and other persons.

Learned counsel for the applicants has submitted that a family dispute arose between the parties as it was initially alleged that the applicant no.1

assaulted his wife, who subsequently called her son Akbar, who along with other co-accused persons, also came armed with sword, sticks etc.

Counsel has submitted that a cross case has also been registered at the instance of the present applicants and it is a case of free fight between the

parties. So far as the present applicants are concerned, only injuries attributed to them is caused by stick only, whereas the main allegation is against

co-accused Bilal, who has used sword in the incident. It is further submitted that no serious injuries has been suffered by any of the parties.

The applicants are in jail since 09/03/2021 and final conclusion of the trial is likely to take sufficient long time on account of Covid-19, hence, prays for

grant of bail to the applicants.

Learned Panel Lawyer for the respondent/State on the other hand, opposed the prayer, however, it is not denied that a cross case has also been

lodged by the applicants.

On due consideration of the submissions made by learned counsel for contentions raised by the counsel for the applicant applicants.

Considering the fact that a cross-case is also registered by the applicants and the final conclusion of the trial is likely to take sufficiently long time in

the wake of fresh spread of Covid-19, I am inclined to allow the bail application.

Accordingly, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be

released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the

like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain

present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code,

1973.

It is also observed that after being released on bail, if the applicants again indulge themselves in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicants in the present case also.

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