Madhya Pradesh High Court
Joy Bamiya Minor Through Natural ... vs The State Of Madhya Pradesh on 1 March, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.363/2018
Indore dated :01/03/2018
Shri M.K. Sharma, learned counsel for the applicant.
Shri Swapnil Sharma, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
Heard learned counsel for the parties on IA No. 1503/2018, an application for grant of interim custody of the applicant to his father from 05/03/2018 to 27/03/2018.
learned counsel for the applicant submits that applicant is a student of class 10th and he is appearing in High School Certificate Examination, 2018, which is scheduled to be held from 05/03/2018, therefore, applicant be handed over to his father for the aforesaid period, so that he can appear in his board examination.
Learned Public Prosecutor opposed the prayer for temporary bail by submitting that case-diary and report of the Probationary Officer are not on record, therefore, the applicant cannot be handed over to his father for the purpose of applicant's appearing in Board Examination.
After hearing arguments advanced by the learned counsel for the parties, this Court is of the considered view that without case-diary and report of the Probationary Officer the prayer cannot be considered. However, looking to the fact that the applicant is a student of class 10 th and his board examination is scheduled to be held from 05/03/2018. IA No. 1503/2018 is disposed of with a direction to Superintendent of Observation Home, Ujjain that he shall make arrangements to send the applicant in the Examination Center in proper custody on 05/03/2018, 09/03/2018, 13/03/2018, 16/03/2018 , 24/03/2018 and on 27/03/2018 from 9:00 a.m. to 12:00 p.m., so that applicant can appear in his board examination.
Certified copy today.
(S. K. Awasthi) Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.03.05 10:53:38 +05'30'