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2020 DIGILAW 737 (MP)

Mohammad Amjad Khan@Amjad Pathan v. State of M. P.

2020-07-27

SHAILENDRA SHUKLA

body2020
ORDER 1. Heard. Perused the case diary 2. This is second application under section 439 of Cr.P.C. for grant of bail. Applicant – Mohammad Amjad Khan @ Amjad Pathan S/o Shakur Khan is implicated in Crime No.21/2019 registered at Police Station – Azad Nagar, District Indore for the offence punishable under sections 420, 406, 467, 468, 471, 120 B and 34 of IPC and he is in custody since 28.05.2019. 3. This Court had directed the Investigating Officer to remain present before this Court along with an explanation. 4. In this matter, case diary was not made available and the status of investigation under section 173(8) of Cr.P.C. was also not available. 5. Today, it is verbally stated by the Investigating Officer that additional investigation under section 173(8) of Cr.P.C. could not be completed because the earlier Investigating Officer had retired and the incumbent had gone for a training. 6. Learned counsel for the applicant submits that applicant is in jail since May, 2019 and earlier charge-sheet was filed but then again additional investigation has been sought to be made in this matter and prays that the applicant be enlarged on bail. 7. Per contra, learned Public Prosecutor for the State has opposed the bail application and has sought two weeks time to complete the investigation in this matter. 8. Considered. 9. Learned Public Prosecutor has submitted that there is primafacie forgery in the matter as the driving license and aadhar card of the applicant show different names of father of the applicant and therefore, applicant has committed serious offence under sections 420, 467 and 468 of IPC. 10. This Court vide order dated 19.12.2019 had rejected his first bail application and on that day, this Court was apprised that further investigation under section 173(8) of Cr.P.C. is pending and supplementary challan shall be filed in this matter. 11. Learned counsel for the objector who is present in person has submitted that the applicant had been absconding and was arrested from Dholpur, Rajasthan and that he has duped number of persons and therefore, bail be not granted to the applicant. 12. After due consideration, it is found that additional investigation has been pending against the applicant since more than six months but the same has not been completed which impinges personal liberty of the applicant. 12. After due consideration, it is found that additional investigation has been pending against the applicant since more than six months but the same has not been completed which impinges personal liberty of the applicant. This Court on 19.12.2019 had made an observation that apparently applicant has duped some persons at Gwalior where he belongs to however, the Investigating Officer has submitted that no complaint from Gwalior has been made against the applicant. 13. On due consideration of the aforesaid submissions, without expressing any opinion on the merits of the case, this bail application is allowed and it is directed that the applicant -- Mohammad Amjad Khan @ Amjad Pathan shall be released on bail subject to his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two lacs only) with one local surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under section 437(3) of the Cr.P.C. It is made clear that the applicant shall not indulge in any likewise activity and if any case gets registered against the applicant in future, then this order granting bail shall stand cancelled without reference to this Court. 14. A copy of this order be sent to the Court concerned for compliance. M.Cr.C. No.12229/2020 is allowed and stands disposed of.