Shan Mohammad vs State Of Madhya Pradesh

Virender Singh, J

As declared by the petitioner, this is the first application under Section 439 CrPC for grant of bail.

The complicity of the petitioner is based on the memorandum statement of co-accused Mohammad Shahrukh from whose house the police has

recovered 56 bulk litres of country made liquor and he was arrested on the spot. The allegation of the prosecution is that taking advantage of dark, the

petitioner fled away from the spot and co-accused Shahrukh has revealed his name.

It is argued by the learned counsel for the petitioner that nothing has been recovered from the possession of the petitioner and that he has no

criminal record. Main accused Mohammad Shahrukh has been granted bail vide order dated 30.04.2021 passed in M.Cr.C. No.16516/2021 by this

Court. He is in jail since 08.05.2021. The investigation is over and charge sheet has been filed. The petitioner has been falsely implicated in the case.

The trial will take considerable time. The petitioner is permanent resident of District Sagar (M.P.). There is no possibility of his absconding or

tempering with the prosecution case. He will not induce or dissuade the prosecution witnesses from disclosing truth before the Court. He is also ready

to furnish adequate security and to abide all the conditions to be imposed by the Court. The petitioner is only an auto-driver and only bread-winner of

his family. Therefore, he be granted bail.

The objection of the prosecution is that earlier three cases for having small quantity of liquor have been registered against the petitioner. He is a

habitual offender. Therefore, he be not granted bail.

On due consideration of the nature and gravity of the offence, the allegation made against the petitioner, the evidence collected to bolster the

allegations, considering the quantity of liquor seized, co-accused Mohammad Shahrukh has been granted bail by this Court by order dated 30.04.2021

passed in M.Cr.C.No.16516/2021, the date of arrest of the petitioner and other facts and circumstances of the case, I deem it fit to enlarge the

petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.

It is directed that petitioner Shan Mohammad be released from custody on his furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty

Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further

subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him

from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be

cancelled.

It is made clear that before releasing the petitioner on bail the trial Court shall verify the criminal antecedents of the petitioner and if it is found that

the petitioner is having criminal antecedents then this order would automatically loose its effect and the trial Court shall not be under obligation to

release the petitioner on bail.

With the aforesaid the petition is allowed.