Nabab Khan vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this second bail application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station-

Kotwali, District- Gwalior in connection with Crime No.232/2019 registered in relation to the offences punishable under Sections 399, 400, 402 of IPC

and Sections 11/13 of MPDVPK Act and Sections 25/27 of Arms Act.

This is the case of bail jump. Learned counsel for the applicant submits that the applicant was enlarged on bail during the trial but on 15/12/2019, he

could not appear before the trial Court because of ill health, due to which, his bail bond was forfeited and arrest warrant was issued against him.

Thereafter, the applicant himself appeared before the trial Court and filed an application which was dismissed. Due to his absence for about two

months, the Sessions Court did not enlarge him on bail and sent to the jail. At present, the applicant is in custody since 13/01/2020. He assures that he

will appear before the trial Court regularly. The applicant is ready and willing to abide by all the terms and conditions which may be imposed by the

Court. Under these circumstances, he prays for grant of bail.

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 bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed but with comparatively stringent conditions in view of nature of offence and bail jump.

Accordingly, it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with

two solvent sureties each of Rs.50,000/- to the satisfaction of the concerned trial Court.

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

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

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

The applicant 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 applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

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

Till conclusion of the trial, the applicant shall appear and mark his attendance before the trial Court concerned once in every month.

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

Certified copy as per rules.