SYYAD SHOUKAT ALI Vs. SPECIAL POLICE ESTABLISHMENT
LAWS(MPH)-2021-3-48
HIGH COURT OF MADHYA PRADESH
Decided on March 23,2021

Syyad Shoukat Ali Appellant
VERSUS
SPECIAL POLICE ESTABLISHMENT Respondents

JUDGEMENT

Prakash Shrivastava,J. - (1.) By this petition under Section 482 of the Cr.P.C., petitioners have challenged the order of Special Judge dated 22.01.2021 whereby the petitioners' application for bail under Section 439 of the Cr.P.C. has been rejected and the arrest warrant has been issued.
(2.) The submission of learned counsel for the petitioners is that the petitioner No.2 is the wife of the petitioner No.1 and during the entire course of investigation the petitioner No.2 was never asked to remain present and when she was given notice to appear before the Special Judge, she came to know that she is the accused in the case. He further submits that a copy of the charge-sheet has not been supplied to the petitioner and that the petitioner No.2 has established the college after obtaining loan from the bank for which the recovery proceedings are already pending, therefore, she has been wrongly roped in, in the controversy and there was some misunderstanding on the relevant date as the petitioners were asked to sit outside the court room since the challan was awaited. Thereafter, petitioner no.1 got unwell, therefore, he was taken to the hospital and in the meanwhile the proceedings have taken place and the order under challenged has been passed.
(3.) Counsel for the respondents has opposed the petition and has supported the impugned order.;


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