Aayub vs The State Of Madhya Pradesh on 10 April, 2023

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Madhya Pradesh High Court

Aayub vs The State Of Madhya Pradesh on 10 April, 2023

Bench: Subodh Abhyankar

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                 ON THE 10 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 8620 of 2023

                           BETWEEN:-
                           AAYUB S/O KALLU SHAH, AGED ABOUT 43 YEARS,
                           OCCUPATION: LABOR R/O NEAR EKLAVYA SCHOOL
                           MAKDI ROAD SHAMGARH DISTT. MANDSAUR
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI LUCKY BIJOLIA, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION CRIME BRANCH
                           DISTT. INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI GAURAV RAWAT, PANEL LAWYER)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

They are heard. Perused the case diary / challan papers. This is the applicant's third bail application filed under Section 439 of Criminal Procedure Code, 1973 for temporary bail as he is implicated in connection with Crime No.22/2021 registered at Police Station- Crime Branch, District- Indore (MP) for offence punishable under Sections 8/22 of N.D.P.S. Act. The applicant is in custody since 06.08.2021.

As per the verification report filed by the concerned police officer that contains the following observation from the concerned treating doctor of the Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 10-04-2023 18:43:47 2 applicant's wife who has stated as under:-

"myself dr.renu rai certified that mrs. shabana bee has multiple uterine fibroid and severe menorrhagia which is refectory to medical management so her hysterectomy is advised."

In such circumstances, this Court is inclined to allow the present application for three weeks.

In view of the same, without commenting on merits of the case, the application is allowed temporarily for a period of three weeks. It is directed that applicant shall be released on temporary bail for a period of three weeks from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he shall surrender before the trial Court on the expiry of the aforesaid three weeks time from the date of his release, failing which he shall be arrested by the police and be put to face the trial in accordance with the law.

M.Cr.C. is, accordingly, disposed of.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE Bahar Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 10-04-2023 18:43:47

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