Madhya Pradesh High Court
Balaram Singh vs The State Of Madhya Pradesh on 16 January, 2019
1 WP-841-2019
The High Court Of Madhya Pradesh
WP-841-2019
(BALARAM SINGH Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 16-01-2019
Shri Vishal Daniel, learned counsel for petitioner.
Shri Girish Kekre, learned Government Advocate for the State.
Heard.
Issue notice to the respondents on payment of process fee within three
days, failing which this petition shall stand dismissed.
He is also heard on interim relief.
Learned counsel for the petitioner by taking this Court to Section 446 Cr.P.C. submits that impugned order is passed without putting the petitioner to notice which runs contrary to legislative mandate.
Considering the aforesaid and subject to hearing the other side, till next date of hearing, the order dated 2.4.2018 Annexure P/2 to the extent petitioner's bail has been directed to be deposited in the Government Treasury is stayed. The order dated 20.11.2018 Annexure P/3 is also stayed. This order will not come in the way of the Court below to proceed in accordance with Section 446 Cr.P.C.
Putting it differently, it will be open to the Court below to proceed against the petitioner after following the "due process" mentioned in Section 446 Cr.P.C.
Certified copy as per rules.
(SUJOY PAUL) JUDGE YS Digitally signed by YOGESH KUMAR SHRIVASTAVA Date: 16/01/2019 17:36:08