Madhya Pradesh High Court
Brajpal Singh Parmaar vs The State Of Madhya Pradesh on 29 September, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 29th OF SEPTEMBER, 2022
MISCELLANEOUS CRIMINAL CASE No. 44865 of 2022
BETWEEN:-
BRAJPAL SINGH PARMAAR S/O SHRI JANDEL
SINGH PARMAR, AGE 62 YEARS, R/O NEAR
HAIRO PUBLIC SCHOOL, BEHIND BHARBHUJA
WALI GALI, GOPALPUR, MORENA, TEHSIL AND
DISTRICT MORENA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SOHIT MISHRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CITY KOTWALI, MORENA
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C.P. SINGH - PANEL LAWYER)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case diary is available.
This sixth application under Section 439 of Cr.P.C. has been filed for grant of bail. The fifth application was dismissed by order dated 5.9.2022 passed in M.Cr.C.No.42565/2022.
Th e applicant has been arrested on 28.6.2021 in connection with Crime No.584/2021 registered at Police Station City Kotwali, District Morena for offence under Sections 302, 306, 201 and 34 of IPC.
The health status report has been received, according to which the applicant is suffering from post surgical incisional hernia. According to the said report, the 2 applicant on the date of examination i.e. 29.9.2022 is healthy. However, an advice has been given for operation after conducting pre-anesthetic check up.
Although the applicant is fit but it appears that he is also suffering from post surgical incisional hernia.
The counsel for the applicant is right in making a submission that the applicant is in need of post operational care and although his one son is also lodged in the jail but in absence of infrastructure, he will not be able to look-after him efficiently and, accordingly, it is prayed that in case a temporary bail for a period of 15 days is granted, so that he can take his post operational care, then it would be in the interest of the health of the applicant.
Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that today the applicant was medically examined and he was found to be medically fit but fairly conceded that as per the report, the applicant is also suffering from post surgical incisional hernia.
It appears that the applicant has some infectional problems and, therefore, it would be in the interest of the applicant to recover as early as possible and his temporary bail for 15 days would certainly help the cause of the applicant.
It is fairly conceded by the counsel for the applicant that since this Court is inclined to grant temporary bail only for the purposes of post operational care and, therefore, the applicant will never pray for extension of interim bail.
Whether this submission made by the counsel for the applicant can bind the applicant or not but one thing is clear that he is being granted bail for a period of 15 days only with an intention to take post operational care.
Under these circumstances, the prayer for temporary bail for a period of 15 days is allowed. Accordingly, it is directed that on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court, the applicant shall be released on bail for a period of 15 days from today. The applicant shall also submit an undertaking that he would surrender before the Trial Court on 15th day from the date of his release.
3The prayer for interim bail is allowed and the application on merits is rejected for the time being.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
With aforesaid observation, the application is finally disposed of.
(G.S. AHLUWALIA) JUDGE (alok) ALOK KUMAR 2022.09.29 17:42:50 +05'30'