Abdul Jabbar vs State Of Madhya Pradesh

Shailendra Shukla, J

This is second application filed under Section 438 of Cr. P.C. for grant of anticipatory bail. Applicant -€“ Abdul Jabbar S/o Abdul Sattar is

apprehending his arrest in connection with Crime No.59/2020 registered at Police Station Vijay Nagar, District Indore for the offence punishable

under Sections 420, 406, 467, 294, 506 and 34 of IPC.

His first application was disposed of vide order dated 24.03.2021 passed in MCRC No.10597/2021 wherein a direction had been issued that after

depositing the amount of Rs.6,18,834/- before the Trial Court, the applicant shall surrender before the Trial Court and the Trial Court shall consider the

bail application on the same day.

This order has been sought to be modified by the present application and the ground is that earlier another co-accused namely, Najmuddin Rokerya

had been granted anticipatory bail against whom also proclamation under Section 82(4) of Cr.P.C. had been issued and on the ground of parity with

that of Najmuddin Rokerya vide order dated 13.05.2021, present anticipatory bail application has been filed. He has further submitted that demand

draft for Rs.6,18,834/- has been drawn and the same shall be submitted before the Trial Court and thereafter, applicant shall appear before the

Arresting Officer.

Learned counsel for the objector has submitted no objection provided the amount would be allowed to be withdrawn by him on furnishing a personal

bond as it was ordered in the case of co-accused Najmuddin Rokerya.

Learned Public Prosecutor for the State was also heard who has Considered.

On due consideration of the aforesaid submissions, without commenting upon the merits of the case, this application for grant of anticipatory bail is

allowed. It is directed that in the event of arrest, the applicant -€“ Abdul Jabbar shall not be arrested by the Arresting Officer and shall be

released on bail, subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with one local solvent surety of like

amount to the satisfaction of the Arresting Officer, subject to abiding the conditions enumerated under Section 438 (2) of the Cr.P.C. and he shall give

due assistance to the Investigating Officer in the matter. In the event of arrest, the applicant shall appear before the Investigating Officer on

02.09.2021 between 10.00 AM to 12.00 PM and on all other subsequent dates, as may be fixed by the Investigating Officer from time to time. The

objector shall be allowed to withdraw the amount of Rs.618,834/- subject to furnishing a personal bond of equivalent amount of Rs.6,20,000/- before

the Trial Court.

M.Cr.C. No.41754/2021 is allowed and stands disposed of.

Certified copy as per rules.