Madhya Pradesh High Court
Niranjan Singh Shikh vs The State Of Madhya Pradesh on 28 January, 2020
Author: Anand Pathak
Bench: Anand Pathak
THE HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.37471/2019
Niranjan Singh Sikh Vs. State of Madhya Pradesh
Gwalior Bench Dated: 28/1/2020
Shri Deepak Shrivastava, learned counsel for the applicant.
Shri Kamlesh Kori, learned PL for the respondent/State.
Shri Atul Gupta, learned counsel for the complainant. I.A.No.10531/2019, which is an application for interim bail. The applicant is in custody since 16-11-2018 in connection with Crime No.371/2018 registered at Police Station, Isagarh, District Ashoknagar, for the offence punishable under Sections 302, 147, 148, 149, 364, 336, 427, 120-B of IPC and Sections 25, 27 of the Arms Act.
It is the submission of learned counsel for the applicant that applicant is suffering from prostate related problem, and therefore, he is likely to be operated. Since he is in confinement at Distt. Jail, Ashoknagar, therefore, in the fitness of things if he is released on interim bail, then he shall have the opportunity to consult with the doctors of Gwalior and would try to get cured as early as possible. He seeks one month's interim bail.
Learned Panel Lawyer for the respondent/State opposed the prayer.
Learned counsel for the complainant fairly submits that stringent conditions be imposed if this Court intends to grant THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.37471/2019 interim bail to the applicant.
Considering the medical condition of the applicant and his age (65 years), interim bail is granted to the applicant. If he furnishes bail bond of Rs.1,00,000/- (Rs. One Lac Only) with two sureties of the like amount, in which one surety has to be from district Ashoknagar, to the satisfaction of the trial Court, then he shall be released on interim bail.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be.
4. The applicant will not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6.The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. On every Friday the applicant shall submit a report of his whereabouts and his medical condition before the trial Court.
It is further made clear that the applicant shall not move out of THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.37471/2019 the neighbouring districts as well as Gwalior and shall devote all his time for recovery of his ailment rather than tampering with evidence or witness and if it is found that he is trying to contact the witness personally or through somebody else, then this liberty shall immediately be withdrawn and he shall have to suffer confinement. The applicant shall surrender on 22nd February, 2020 before the trial Court.
I.A.No.10531/2019 stands allowed and disposed of. Certified copy as per rules.
(Anand Pathak) Judge ms/-
MADHU SOODAN PRASAD 2020.01.28 15:25:55 -08'00'