Kabiulla Khan vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is second application u/S.438 Cr.P.C. for grant of anticipatory bail by the petitioner after rejection of earlier one on 31.07.2018 in

Mcrc.21380/2018.

Petitioner apprehends arrest in connection with complaint Case No.141/2018 filed before Judicial Magistrate First Class, Karera, District Shivpuri

(M.P.) for the offences punishable u/S.420, 467, 468, 471, 474 and 120B IPC.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of anticipatory bail is made out.

Report of the concerned Trial Court i.e Judicial Magistrate First Class, Karera, District Shivpuri (M.P.) dated 28.01.2020 reveals that petitioner has

not been declared as absconder under Section 82/83 Cr.P.C.

Petitioner who has no criminal antecedents is said to be alleged with forgery based on the allegation that a sale deed was executed founded upon a

forged power of attorney. The allegation does not reveal any financial scam.

In view of above and that the material placed on record does not disclose the possibility of petitioner fleeing from justice, this Court is inclined to

extend the benefit of bail to the petitioner but with certain stringent conditions looking to the nature of offence.

Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following

terms.

It is hereby directed that in the event of arrest, the petitioner shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs.

Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Trial Court.

This order will remain operative subject to compliance of the following conditions :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the investigation/trial, as the case may be;

The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trial;

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Petitioner shall mark his presence before the trial court concerned firstly on 05.03.2020 and thereafter once every week till conclusion of trial.

A copy of this order be sent to concerned Trial Court for compliance.

Certified copy as per rules.