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Mohammed Sharif vs The State Of Madhya Pradesh on 28 July, 2023

Bench: Hrishikesh Roy, Pankaj Mithal

     ITEM NO.6                             COURT NO.9                 SECTION II-A

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

          Petition(s) for Special Leave to Appeal (Crl.)              No(s).   7067/2023

     (Arising out of impugned judgment and order dated 26-04-2023 in
     MCRC No. 61206/2022 passed by the High Court of M.P. at Indore)

     MOHAMMED SHARIF                                                     Petitioner(s)

                                                   VERSUS

     THE STATE OF MADHYA PRADESH                                         Respondent(s)

     (FOR ADMISSION and I.R. and IA No.111493/2023-EXEMPTION FROM FILING
     O.T.   and   IA   No.111494/2023-PERMISSION  TO   FILE   ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 28-07-2023 This matter was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE HRISHIKESH ROY
                            HON'BLE MR. JUSTICE PANKAJ MITHAL

     For Petitioner(s)                 Mr. Sudarshan Rajan, AOR
                                       Mr. M.N. Dudeja, Adv.
                                       Mr. Mahesh Kumar, Adv.
                                       Mr. Ramesh Rawat, Adv.
                                       Mr. Rohit Bhardwaj, Adv.
                                       Mr. Hitain Bajaj, Adv.
                                       Dr. K.B. Sounder Rajan, Adv.
                                       Mrs. Pushpa Rajan, Adv.
                                       Mr. Ashutosh Gupta, Adv.

     For Respondent(s)                 Mr. V. Pattabhiram, D.A.G.
                                       Mr. Pashupathi Nath Razdan, AOR
                                       Mr. Abhimanyu Singh, Adv.
                                       Mr. Mirza Kayesh Begg, Adv.
                                       Ms. Matireyee Jagat Joshi, Adv.
                                       Mr. Astik Gupta, Adv.

                             UPON hearing the counsel the Court made the following

                                                O R D E R

Heard Mr. Sudarshan Rajan, learned counsel appearing for the petitioner.

Also heard Mr. Pattabhiram, learned D.A.G. appearing Digitally signed by NITIN TALREJA Date: 2023.07.31 for the State.

18:23:03 IST Reason:

 The State has filed counter affidavit opposing the bail petition. It is pointed out therein that the petitioner is an accused in as many as six cases and therefore bail is unwarranted.

On the other hand, Mr. Sudarshan Rajan, the learned counsel refers to the medical certificate dated 06.05.2023 (Annexure P/26) to point out that the petitioner’s wife is suffering third stage Cancer and has undergone operation and currently is under Chemothreapy treatment. Accordingly, it is submitted that on this ground, bail should be considered.

We have considered the materials on record. Although the petitioner is in jail since 15.07.2022, keeping in mind his criminal antecedents, we are disinclined to entertain this Special Leave Petition. The same is accordingly dismissed.

However, keeping in mind the medical condition of the petitioner’s wife, he is given the liberty to move the competent Court for interim bail to attend to his ailing wife and if such an application is filed, the same be considered in accordance with law.

Pending application(s), if any, shall stand closed.

(NITIN TALREJA)                                                       (KAMLESH RAWAT)
COURT MASTER (SH)                                                   ASSISTANT REGISTRAR




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