Firoz Khan vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is third application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 16/7/2021 in connection with Crime No.313/2021 registered at Police Station Aron, District Guna for offence under Sections 394, 395 and 120-B of IPC.

It is submitted by learned counsel for applicant Firoz Khan that this is third bail application of the applicant. Earlier applications were dismissed as withdrawn. Now, investigation is complete and charge-sheet has been filed. Trial will take long time to conclude. It is further submitted that present applicant is only the owner of the vehicle, which was used by his driver for committing the alleged offence. Present applicant was not present on the place of incident. He has been implicated in this case only on the basis of memorandum given by co-accused, which is not an admissible evidence. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that it is apparent from the record that present applicant handed over his vehicle to his driver/ co-accused on assurance that handsome rent amount would be paid by the party. Thereafter, alleged offence has been committed, which shows that the applicant was also involved in the crime. It is further submitted that there is one more criminal case registered against the present applicant. Hence, prayed to reject the bail application.

At this juncture, learned counsel for the applicant prays for grant of time and prayed to list the matter after ensuing Dussehra Vacation.

Perused the record available.

In the interest of justice, an opportunity is granted for submission of further arguments.

List the case in the week commencing 25th October, 2021.