Shabbir Shah S/O Razzak Shah vs State Of M.P.

This is a First application under Section 439 Cr.P.C. by applicant - Shabbir Shah S/o Razzak Shah, who has been arrested by Police on 18.11.2019 in Crime No.320/2019, Police Station Bheravgarh, District Ujjain, concerning offence under Sections 457 & 380 of the IPC.

Heard learned counsel for the parties through video conferencing and perused the case diary.

As per prosecution story, a theft took place in the Saibaba warehouse in the night of 28-29/09/2019 of 110 bags of garlic by cutting grill of a window. Crime No.320/2019 was registered against the unknown person. Shahrukh Shah and Shabbir Shah were arrested in some other offences and on interrogation they admitted the present theft before the Police. According to them, they have already sold the garlic in Rs.94,000/-. Shahrukh Shah has disclosed that he committed the theft along with five other accused. One of them is applicant Shabbir Shah.

Learned counsel for the applicant submits that except recovery from the applicant there is nothing has been recovered.

Memo under Section 27 of the Evidence Act is not admissible in evidence. The investigation is complete and charge-sheet has been filed and no further interrogation is required in this case as the applicant has been sent in the judicial custody. Applicant is in custody since 18.11.2019. There is no progress in the trial. So far as the other past criminal cases are concerned, applicant has been enlarged on bail by the Trial Court itself, but in the present case there is no possibility of his conviction on the basis of memorandum under Section 27 of the Evidence Act. He, therefore, prayed for grant of bail to the applicant.

On the other hand, learned Panel Lawyer opposes the prayer for grant of bail.

I have perused the case-diary. Taking into consideration the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed with a condition that in future if the applicant is found involve in commission of any offence of similar nature then this bail order shall be treated as cancelled and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only), with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c. as per rules.