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Madhya Pradesh High Court · body

2015 DIGILAW 756 (MP)

Sharif Qureshi v. State of M. P.

2015-07-21

N.K.GUPTA

body2015
ORDER 1. Heard learned counsel for the parties. 2. The applicants have an apprehension of their arrest in Crime No.196/2015 registered at Police Station Themi, District Narsinghpur for offences punishable under sections 294, 323, 324, 325, 307, 506/34 of IPC. 3. Learned counsel for the applicants submits that applicants No.1 and 2 are youths of 28 and 26 years of age respectively. They do not have any criminal past alleged against them. Except of offence punishable under section 324 and 307 of IPC, remaining offences are bailable. It is alleged against the co-accused persons that they assaulted the victim Rafique on his head by a sharp cutting weapon and assaulted other persons. It is alleged against the applicant that they had sticks in their hands. The applicants were not aware that the co-accused would assault in such a manner. No common intention of the applicants can be presumed with the co-accused persons. Prima facie, no offence under sections 307, 324 of IPC is made out against the applicants either directly or with the help of section 34 of IPC. The applicants assure that they will cooperate in the investigation. Police is unnecessarily harassing the applicants. Under these circumstances, applicants pray for bail of anticipatory nature. 4. Learned Panel Lawyer opposes the application. 5. Keeping in view the submissions made by learned counsel for the applicant and the facts and circumstances of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicants. Consequently, this application under section 438 CrPC is hereby allowed. 6. It is directed that in the event of arrest, applicants Sharif Qureshi and Sheikh Mubin Khan shall be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees forty thousand) each with one solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation Officer). 7. The applicants shall make themselves available for interrogation by a police officer as and when required. The applicants shall further abide by the conditions enumerated in sub-section (2) of section 438 of CrPC. 8. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicants so desire, may move an application for regular bail before the competent Court. 9. The applicants shall further abide by the conditions enumerated in sub-section (2) of section 438 of CrPC. 8. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicants so desire, may move an application for regular bail before the competent Court. 9. Bail under section 438 of the CrPC is given for a limited period so that the evidence received against the applicant during further investigation may be considered by the concerned Court, who, shall consider his application under section 437 or 439 of the CrPC. ............