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Kannaiya vs The State Of Madhya Pradesh on 5 July, 2016

Bench: Pinaki Chandra Ghose, Amitava Roy

     ITEM NO.7                                     COURT NO.9                       SECTION IIA

                                        S U P R E M E C O U R T O F           I N D I A
                                                RECORD OF PROCEEDINGS

          CRLMP. NOS. 20447 & 20448/2015 in Criminal Appeal                            No(s).116/2012

     KANNAIYA                                                                         Appellant(s)
                                                           VERSUS
     STATE OF M.P.                                                                    Respondent(s)

     (For bail and exemption from filing O.T. and office report)

     Date: 05/07/2016 This application was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
                             HON'BLE MR. JUSTICE AMITAVA ROY

     For Appellant(s)
                                              Mr. Pukhrambam Ramesh Kumar,Adv.
     For Respondent(s)
                                             Mr. C. D. Singh,Adv.
                                             Ms. Sylona Mohapatra, Adv.

                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

Application for exemption from filing official translation is allowed.

Heard the learned counsel appearing for the applicant – appellant and Mr. C.D. Singh, learned counsel appearing for the State of M.P. For the reasons stated in the Criminal Miscellaneous Petition No.20447 of 2015 for bail and having regard to the fact that the Applicant/Appellant – Kannaiya is suffering from various diseases and remained in judicial custody for about 12 years as informed by the learned counsel appearing for the applicant/appellant, we are inclined to grant bail to him subject to the following conditions:-

1) the petitioner shall get his presence marked before the concerned Officer-in-charge/S.H.O. of the Police Station once in a month;

2) Digitally signed by VISHAL ANAND Date: 2016.07.05 the petitioner would produce his full and latest 17:26:58 IST Reason:

residential address in the concerned Trial Court while obtaining bail and he shall not change his address without the prior permission of the Court;

3) the petitioner shall not leave the border of M.P. State without the prior permission of the concerned Court;

4) if the petitioner is holding a passport, the same would be produced in the concerned Trial Court and if not, he should produce affidavit in that regard.

In the event of necessity of any further conditions, depending on the attendant facts and circumstances, it would be open for the Trial Court to prescribe the same.

In case of any breach of the conditions, this Court, on being informed thereof, would, if inclined, initiate suo motu steps for cancellation of the bail, which is hereby granted. The Criminal Miscellaneous Petition is allowed on the afore-stated terms.

    (VISHAL ANAND)                          (SNEH LATA SHARMA)
     COURT MASTER                              COURT MASTER