FAZILAT MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant Fazilat Mohammad has filed this application for anticipatory bail under Section 438 of the code of the Criminal Procedure, 1973 (hereinafter referred to as 'the Code') in connection with Crime No. 278/05 (Criminal case No. 959/06 pending in the Court of Additional Chief judicial Magistrate, Khandwa) registered with Police Station city Kotwali, Khandwa, under Sections 457 and 380 of the indian penal Code, 1860.

(2.) THE facts of the matter are briefly stated as under:

(3.) AFTER registration of the crime by Police Station City kotwali, Khandwa, the applicant Fazilat Mohammad moved an application under Section 438 of the Code before the sessions Court and the same was rejected by IIIrd Additional sessions Judge (Fast Track) vide order dated 9. 12. 2005. Thereafter, another application for anticipatory bail was filed by the applicant before the Sessions Court and the Ist additional Sessions Judge allowed that application vide order dated 28. 9. 2006. Then the State moved an application under sub-section (2) of Section 439 of the Code for cancellation of anticipatory bail on the grounds that the applicant had failed to disclose that it was his second bail application and instead, he had disclosed that it was his first bail application for anticipatory bail. The Ist Additional Sessions Judge found that correct facts have been concealed by the applicant in respect of number of application and the anticipatory bail, granted to the applicant, was cancelled vide order dated 25. 11. 2006. Thereafter, the applicant filed the anticipatory bail application before this Court with an interim application No. 12519/06 for grant of ad-interim anticipatory bail which was allowed vide order dated 21. 12. 2006 passed in M. Cr. C. No. 11134/06. This order was confirmed by this Court vide order dated 12. 1. 2007 and the applicant was granted anticipatory bail with these conditions that the anticipatory bail order shall remain in force till the next 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court, which shall be considered by that Court in accordance with law.