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2024 Supreme(Online)(MP) 51967

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
Adwin Anthony – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 4562/2021



Advocates:
Jitendra Bajpai,Advocate General

The interim protection granted by the Supreme Court in the case of Munawar (supra) has been made absolute and the applicants are entitled to regular bail.

Headnote:

Fact of the Case:

The applicants were arrested and charged with offences punishable under Sections 295-A, 298 269 188 34 of IPC. They were granted temporary bail in view of the order passed by the Hon'ble Supreme Court in the case of Writ Petition (S)(criminal) Nos.62/2021 and SLP No.1045/2021 (Munawar Vs. State of MP and Ors).

Finding of the Court:

The court found that the interim protection granted in the case of Munawar (supra) has been made absolute by the Apex Court by order dated 24.4.2023.

Issues: Whether the applicants are entitled to regular bail.

Ratio Decidendi: The court held that the applicants are entitled to regular bail as the interim protection granted to Munawar (supra), which has been affirmed the Apex Court in the subsequent order dated 24.04.2023.

Final Decision: The application is allowed and disposed off. and the temporary bail granted to the applicants are made absolute on the same terms and conditions.

ORDER

These are first bail applications of applicants Prakhar, Adwin and Sadakat and second bail application of applicant Nalin filed under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.02/2021 dated :

    not mentioned, registered at P.S. - Tukoganj District - Indore for offences punishable under Sections 295-A, 298 269 188 34 of IPC.

2. The applicants were granted temporary bail in view of order passed by Hon'ble Supreme Court in the case of Writ Petition (S)(criminal) Nos.62/2021 and SLP No.1045/2021 (Munawar Vs. State of MP and Ors).

3. The applicants were enlarged on temporary bail on the conditions to the satisfaction of the trial court with further condition that the applicants shall not indulge in any such activity subversive to public order.

4. It is argued that the interim protection granted in the case of Munawar (supra) has been made absolute by the Apex Court by order dated 24.4.2023 in the following terms :-

    "1- This Court vide order dated 05.02.2021 has already granted interim protection to the petitioner.

2- However, taking into consideration the fact that the petitioner has been enjoying interim protection for a period of more than two years and there is no allegation that he is misusing the liberty granted to him, we are inclined to make the interim order granted on 05.02.2021 absolute."

5. Learned counsel for the respondent/state and objector opposed the prayer however, could not dispute the aforesaid order.

6 . After hearing learned counsel for the parties and taking into consideration that the applicants were granted temporary bail in light of the interim protection granted to Munawar (supra), which has been affirmed the Apex Court in the subsequent order dated 24.04.2023, I am of the view that the applicants are entitled for grant of bail.

7. With the aforesaid, the application is allowed and disposed off. and the temporary bail granted to the applicants are made absolute on the same terms and conditions.

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