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Madhya Pradesh High Court

Chander Singh vs The State Of Madhya Pradesh on 19 September, 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 19 th OF SEPTEMBER, 2023
                                         MISC. CRIMINAL CASE No. 38855 of 2023

                          BETWEEN:-
                          CHANDER SINGH S/O RAMAJI RATHORE, AGED ABOUT
                          55 YEARS, OCCUPATION: AGRICULTURIST R/O GRAM
                          RAYAN, P.S. SAGORE, DISTRICT DHAR (MADHYA
                          PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI SIDDHARTH JAIN - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION SAGAUR, DISTRICT DHAR (MADHYA
                          PRADESH)

                                                                                     .....NON APPLICANT
                          (BY SHRI MUKESH SHARMA - GOVERNMENT ADVOCATE)
                          (SHRI MOHAMMAD IKRAM ANSARI - ADVOCATE FOR THE OBJECTOR)

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

1. This is the 1st application filed by the applicant under Section 439 of Cr.P.C. for grant of temporary bail relating to Crime No.274/2022 registered at Police Station Sagaur, District Dhar (M.P.) for the offence under Section 307, 302, 147, 148, 149, 120B of IPC.

2. Applicant has filed this temporary bail application on the ground of his treatment for paralysis.

3. Medical report has been submitted by counsel for the State.

4. As per the report of Civil Surgeon, Dhar, applicant was admitted in the Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 20-Sep-23 10:34:41 AM 2 District Hospital from 14.8.23 to 21.8.23 for the treatment of brain stroke and he was again examined on 11.9.2023 and high blood pressure was found.

5. Learned counsel for the applicant submits that the applicant is a 55 years old person and he is suffering from brain stroke and his treatment is still going on. He further submits that physiotherapy is required for his better treatment, which is not available inside the jail. Hence he prays that applicant be released on temporary bail for a period of 4 months.

6. Per contra, learned GA for respondent/State opposes the temporary bail application and prays for its rejection.

7. Counsel for the objector also opposes the temporary bail application and prays for its rejection.

8. Heard learned counsel for the parties and perused the medical documents.

9. Having regard to the aforesaid I deem it proper to grant temporary bail to the applicant for a period of 30 days.

10. Accordingly, this M.Cr.C. is allowed and it is directed that the applicant be released on temporary bail for a period of 30 days upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to surrender before the trial Court immediately after expiry of 30 days period from the date of his release, failing which the trial Court shall take appropriate steps to take the applicant in custody. The applicant shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 20-Sep-23 10:34:41 AM