Sadakat khan vs state

1. 1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10029 of 2021
(Sadakat Vs. State of MP)
Indore, Dated: 26/2/2021
Shri Syed Ashhar Ali Warsi learned counsel for applicant.
Shri A.S. Sisodiya learned Panel Lawyer for the
respondent/State.
Shri Rajesh Joshi learned counsel for objector.
This is first application under Section 439 of Cr.P.C. The
applicant is in custody since 03/01/2021 in connection with Crime
No.02/2021 registered at Police Station Tukoganj, Indore for the
offence punishable under Section 295-A, 298, 269, 188 and 34 of
IPC.
Shri Warasi learned counsel for the applicant submits that the
Hon'ble Supreme Court on 05/02/2021 while issuing notice in Writ
Petition (s) (criminal) No(s). 62/2021 and SLP (cri.) No. 1045 of
2021 (Munawar Vs. The State of Madhya Pradesh & others) has
granted adinterim bail to the main accused Munawar Faruqui in
Crime Case No.02/2021. Learned counsel further submits that in
the light of the order passed by Hon'ble Supreme court in the
aforesaid cases (supra), this Court has enlarged the co-accused
Prakhar Vyas and Adwin Anthony on temporary bail on 12.2.2021
passed in M.Cr.C. Nos. 3345/21 and 4562/21.Therefore, he prays
that present applicant, who is accused in the same case may also
be extended the benefit of temporary bail on the ground of parity.
Shri Sisodia, learned Public Prosecutor for the State and Shri
Joshi, learned counsel for the objector submit that in the case of
present applicant and in the case of other accused persons, the
provisions of Section 41 of Cr.P.C., were complied with at the time
of arrest and also at the time of their production before the
Magistrate seeking police remand for further investigation, as
evident from the order dated 02/01/2021 passed by the Magistrate
First Class, Indore in the same crime number.

2. 2
Be that as it may.
The applicant is held entitled for temporary bail maintaining
parity in the light of the order dated 05/02/2021 passed by the
Hon'ble Supreme Court in Writ Petition (s) (criminal) No(s).
62/2021 and SLP (cri.) No. 1045 of 2021 (supra) and this court in
M.Cr.C Nos. 4562/21 and 3345/2021. Accordingly, applicant is
hereby enlarged on temporary bail on the conditions to the
satisfaction of the trial Court with further condition that applicant
shall not indulge himself into any such activity subversive to public
order.
List this case alongwith M.Cr.C Nos. 4562/2021 and
3345/2021 for analogous hearing.
(Rohit Arya)
Judge
BDJ
Digitally signed by Bhuneshwar
Datt
Date: 2021.02.26 18:42:39 +05'30'