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Madhya Pradesh High Court

Aslam Shah vs The State Of Madhya Pradesh on 9 May, 2023

Author: Anil Verma

Bench: Anil Verma

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 9 th OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 14789 of 2023

                          BETWEEN:-
                          ASLAM SHAH S/O RAFIQ SHAH, AGED ABOUT 35 YEARS,
                          OCCUPATION: LABOR R/O GRAM KHEDA MADHVA
                          DISTT. UJJAIN (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (SHRI SANTOSH KUMAR MEENA, LEARNED COUNSEL FOR THE
                          PETITIONER .

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION BADNAGAR
                          DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI KAPIL MAHANT PL APPEARING ON BEHALF OF ADVOCATE
                          GENERAL.

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

This is the 4th repeat bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of temporary bail. The applicant is in custody since 30/06/2020 in connection with Crime No.405/2020 registered at Police Station Badnagar, District Ujjain (M.P.) for commission of offence punishable under Section 307, 341, 323, 294, 506 and 302 of the Indian Penal Code, 1860.

Learned counsel for the applicant submits that he is pressing this bail application for grant of temporary bail only on the ground of serious illness of Signature Not Verified Signed by: AMIT KUMAR Signing time: 5/10/2023 2:30:02 PM 2 his mother Raisa Bee as his mother is suffering for paralysis. The applicant being the elder son has the liability and responsibility to take care of his mother. Father of the applicant is also in jail and there is no male member in the family to look after the mother of the applicant. It is further submitted that earlier also, the applciant was granted temporary bail, but his mother is facing the critical ailment. Documents regarding her treatment are also annexed. Therefore, applicant be released on temporary bail.

T he factum of illness of mother of the applicant has been verified by counsel for the respondent / Sate. He has produced the verification report and as per the report mother of the applicant is suffering from paralysis and at present she is living with her daughter, but it is also submitted that the applicant has already granted temporary bail.

Perused the impugned order of the trial Court as well as the case diary. After considering all the facts and circumstances of the case and also taking note of the ailment of the mother of the applicant, I deem it proper to release the applicant on temporary bail for a period of one month. It is directed that applicant be released on temporary bail for a period of one month from the date of his release, on his furnishing personal bond in the sum o f Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. He shall surrender back before the trial Court immediately after completion of one months' period from the date of his release. In case of failure to do so, the trial Court shall be free to take necessary steps for arrest of the applicant.

With the aforesaid, temporary bail application stands allowed. Certified copy as per rules.

(ANIL VERMA) JUDGE amit Signature Not Verified Signed by: AMIT KUMAR Signing time: 5/10/2023 2:30:02 PM