Rijwan Qureshi vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application filed under section 439 Cr.P.C. Applicant Rijwan Qureshi was arrested on 11/11/2019 in connection with Crime No.203/2018 registered at police station Khurai, Distt. Sagar, for the offence punishable under Sections 354-A, 354-D, 305, 34 of IPC and Section 7/8 of POCSO Act.

As per the prosecution case, police registered Crime No.203/2018 against the applicant and other co-accused persons for the offence punishable under Sections 354-A, 354-D, 305, 34 of IPC and Section 7/8 of POCSO Act and after investigation police filed charge-sheet against applicant and other co-accused persons before Special Judge, Sagar. On that charge-sheet Special case No.21/2018 was registered. Earlier applicant was granted bail by the trial Court vide order dated 14.06.2018 but the applicant did not appear before the Court on 16.07.2018, so, the trial Court forfeited his bail bond and issued arrest warrant against the applicant for securing his presence before the Court and thereafter, the trial Court declared the applicant absconder and issued perpetual arrest warrant against him for securing his presence before the Court. Sometime later, the police informed the Court that the applicant is confined in jail in another case, on that the trial Court issued production warrant against the applicant and proceed with the trial. The applicant filed bail application before the trial Court, which was rejected vide order dated 23.06.2020.

Learned counsel for the applicant submitted that because the applicant was confined in jail in another case, so he could not appear before the trial Court on the date fixed for his appearance. The applicant is in custody since 11/11/2019 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the fact that the applicant is in custody since 11/11/2019, so he learnt the lesson and is unlikely to hinder the progress of the trial again, so without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

Learned trial Court is free to forfeit such amount from his personal bonds and bail bonds as may be deemed fit after following the due procedure.

This order shall 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 trial;

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

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

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

The applicant will not leave India without prior permission of the trial Court.