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Madhya Pradesh High Court · body

1999 DIGILAW 216 (MP)

Nusoor Sheikh v. State of M. P.

1999-03-10

S.B.SAKRIKAR

body1999
JUDGMENT On the complaint of Non-applicant No. 2 a Criminal Case is registered against the applicants (Accused-persons) for the offences punishable under sections 420, 467, 468, 471 read with section 120-B IPC and summonses to appear before the Court concerned are issued. This is an application filed by the applicants under section 438 of the Code of Criminal Procedure. The contention of the learned counsel for the applicants is that as some of the offences registered against the applicants, the Magistrate concerned has no jurisdiction to grant regular bail. He submitted that in compliance to the summonses if the applicants appear before the Magistrate then the applicants shall be remanded to custody. Learned counsel submitted that a sufficient time may be given to the applicants in exercise of the powers under section 438 of the Code to approach the appropriate Court and obtain the order of regular bail from the said Court. Considering the submissions of the learned counsel and in view of the facts of the case, the application is allowed and it is directed that on appearing before the Magistrate concerned in compliance to the summonses issued against the applicants and the applicants remanded to custody then the applicants No. (1) Nusoor Sheikh S/o Noor Mohammad; (2) Ashok S/o Manakchand Patodi; (3) Hansraj S/o Babulal Bariya; (4) Dharm Yadav S/o Tukaram Yadav; (5) Vishal Joshi S/o Shiv Prasad Joshi; and (6) Ramgopal S/o Bherulal Lashkari be enlarged on bail for a period of ten days for obtaining the regular bail from the appropriate Court upon each of them furnishing a personal bond of Rs. 5,000/- (Five thousand rupees) with one surety in the like amount to the satisfaction of the Magistrate concerned for their appearance before the Court concerned on the date fixed and on the subsequent dates as may be fixed in this behalf.