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Madhya Pradesh High Court

Aashish vs The State Of Madhya Pradesh on 27 February, 2023

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                             ON THE 27 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 5107 of 2023

                          BETWEEN:-
                          AASHISH S/O PAPPU KHATIK, AGED ABOUT 21 YEARS,
                          OCCUPATION:      AGRICULTURIST     KHADIPURA,
                          SANAWAD DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI DIGPAL SINGH RATHORE, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION SANAWAD
                          DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI HITENDRA TRIPATHI, DY. G.A.)

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

They are heard. Perused the case diary/challan papers.

This is the sixth application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.516/2018 registered at Police Station Sanawad, District Khargone (MP) for offence punishable under Section 302, 294, 506, 323 and 34 of the Indian Penal Code, 1860. The applicant is in custody since 03.01.2019.

His earlier bail applications have already been dismissed as withdrawn as well as dismissed on merits.

Counsel for the applicant has submitted that the applicant is suffering Signed by: BAHAR CHAWLA Signing time: 27-Feb-23 6:37:15 PM 2 from facial paralysis, although, he is presently lodged in jail at Badwah, however, there is no physiotherapist available in Badwah and, hence, the applicant is required to come to Indore every now and then, even as per the report submitted by the doctors. It is further submitted that the applicant is lodged in jail since 03.01.2019 and the final conclusion of trial is likely to take sufficient long time. Therefore, it is prayed that the applicant be released on bail.

Counsel for the respondent / State, has drawn the attention of this Court to the report of the Medical Board of Civil Hospital, Badwah wherein, it is stated that the applicant is suffering from bell's palsy and is required to go to M.Y. Hospital, Indore for his physiotherapy. Scores of medical documents of the applicant have also been placed on record.

Having considered the rival submissions, perusal of the case diary as also the documents filed on record, in view of the same, this Court is inclined to allow the present application for a period of six months, looking to the ailment of the applicant, who requires regular physiotherapy on account of his disease.

Accordingly, without commenting on merits of the case, the application i s allowed temporarily for a period of six months. It is directed that applicant shall be released on temporary bail for a period of six months from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he shall surrender before the trial Court on, or before the expiry of aforesaid period, failing which he shall be arrested by the police and be put to face the trial in accordance with the law.

M.Cr.C. is, accordingly, disposed of.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE Bahar Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 27-Feb-23 6:37:15 PM