High CourtsSingle Bench

Amir Khan vs State Of M.P.

Madhya Pradesh High Court · Decided on 10 February 2020 · Citation: (2020) 02 MP CK 0025

HON’BLE JUDGES
S.A.Dharmadhikari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 301(2), 439 · Indian Penal Code, 1860 — Section 34, 307 · Arms Act, 1959 — Section 25, 27
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.3454 Of 2020
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Judgment

21 paragraphs · 378 words

I.A No. 1063/2020, an application under section 301 (2) of Cr.P.C. for assisting learned Public Prosecutor for the State is taken up, considered and

allowed for the reasons mentioned therein.

Learned counsel for the complainant is permitted to assist learned Public Prosecutor for the State during hearing of the matter.

Heard learned counsel for the parties in this First interim bail application under Section 439 of Cr.P.C. and perused the case diary.

The applicant has been arrested by Police Station Kotwali, District Datia in connection with Crime No. 586/2019 registered in relation to the offence

punishable under sections 307/34 of IPC and section 25/27 of Arms Act.

Learned counsel for the applicant submits that marriage of applicant's brother Arif Khan is scheduled to be held on 11/02/2020 and his sister Rukhsar

marriage is scheduled to be held on 14/02/2020. In support of his contention, the applicant has annexed marriage invitation card along with the

application.

The State counsel has verified the factum of marriage and submitted its report dated 10/02/2020 along with document No. 1638/2020.

Thus, looking to the facts and circumstances of the case and the fact that marriage of applicant's brother Arif Khan is scheduled to be held on

11/02/2020 and his sister Rukhsar marriage is scheduled to be held on 14/02/2020, this Court deems it fit to allow the instant bail application and grant

interim bail to the applicant.

Accordingly, it is directed that the applicant namely Amir Khan be released on interim bail on 11/02/2020 on furnishing a personal bond in the sum of

Rs. 50,000/-(Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of trial court concerned. The applicant shall

surrender before the concerned trial court on 20/02/2020 for being committed to custody.

The instant interim bail application accordingly, stands allowed.

Documents relating to surrender of the applicant together with an affdavit stating that the applicant has participated in the marriage in question for

which interim bail is being granted, shall be filed by the applicant on 22/02/2020 before the registry of this Court. In case, the applicant fails to file the

document relating to surrender before the registry of this Court, then the registry shall list this case before this Court for further orders.

C.c. today.