Madhya Pradesh High Court
Manish vs The State Of Madhya Pradesh on 8 February, 2017
MCRC-953-2017
(MANISH Vs THE STATE OF MADHYA PRADESH)
08-02-2017
Not on the Board taken on the mention memo.
Shri Parmod Nair, learned counsel for the petitioner.
Shri Abhishek Soni, learned Dy. Govt. Advocate for the
respondent/State.
This is Third bail application under Section 439, Cr.P.C by applicant/Manish who has been arrested by Police on 04.10.2015 in Crime No.763/2016, Police Station- Lusadiay, District- Indore, in connection with offence under Section 420, 467, 468, 471, 120-B of IPC and Section 43(a),(b), and 66 of I.T. Act.
First bail application as well as second bail application filed by the applicant were dismissed on 05.12.2016 in MCRC No.12218/16 and on 04.01.2017 in MCRC No.13088/2016.
The applicant has filed an application for interim bail. Heard on I.A. No.1168/2017, an application for grant of termporary bail of applicant/Manish S/o Jitendra Soni. It is submitted by learned counsel for the applicant that grand father of the applicant/Manish was died on 07.02.2017 at about 23:55, his dead body is kept in the mortuary of Curewell Hospital Pvt. Ltd., situated at New Palasiya, Indore. The father of the applicant died earlier. They are two brothers and second brother of the applicant resides at Mumbai and not in a position to perform the last rituals. As per last wish of his grand father the applicant has to perform last rituals. Learned counsel for the applicant prays for grant of temporary bail for 15 days.
Considering the aforesaid, without going on the merit of the case and on the sole ground of death of the grand father of the applicant and last wish of the decased, this interim bail application is allowed. It is directed that on furnishing personal bond by the applicant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with one solvent surety in the like amount to the satisfaction of the concerned Chief Judicial Magistrate as well as trial Court, he shall be released on interim bail from 08.02.2017 to 22.01.2017 and he is directed to surrender before the concerned trial Court on 23.02.2017. Failing which the concerning Court is free to take appropriate steps in accordance with law against the applicant. It is also made clear this order shall automatically stand vacated after fifteen days from today. A copy of this order be sent to the Court concerned for compliance.
CC today.
(VIRENDER SINGH) JUDGE