Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 901 (MP)

Mohd Shahwaj Khan v. State Of Madhya Pradesh

2020-09-14

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first application under Section 439 o f Cr.P.C. filed on behalf of the applicant for grant of bail. 2. The applicant is in jail in connection with Crime No.329/2019 registered at Police Station-Garhakota, District-Sagar for offence punishable under Sections 363, 342, 365, 506 r/w section 34 of IPC. 3. The case of the prosecution against the applicant, in short, is that the applicant along with other 3 co-accused allured the minor prosecutrix and her sister and fled away with both prosecutrix. Nusrat Khan lodged the report against the accused persons. One of the abducted prosecutrix was recovered from the possession of the applicant, whereas the other prosecutrix is still not recovered. 4. Learned counsel for the applicant submits that after investigation, charge-sheet has been filed. Other 3 co-accused persons could not be arrested by the Police. The applicant is in judicial custody since 11.07.2020; therefore, it has been prayed that the applicant may be released on bail. 5. Learned Panel Lawyer for the respondent/State, on the other hand, opposes the application. 6. Heard counsel for the parties. After investigation, charge-sheet has been filed and the applicant is not required in any type of investigation. 7. Keeping in view the facts and circumstances of the case, particularly, considering the fact that after investigation, charge-sheet has been filed, this Court is inclined to enlarge the applicant on bail. 8. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Mohd. Shahwaj Khan, stands allowed. 9. It is directed that the applicant shall be released on bail on furnishing a 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 the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure. 10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 11. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 12. Certified copy as per rules.