Madhya Pradesh High Court
Bantu @ Shakir Ali vs The State Of Madhya Pradesh on 4 May, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.5555/2021
(Bantu @ Shakir Vs. The State of Madhya Pradesh)
(1)
Gwalior, dated : 04.05.2021
Heard through Video Conferencing.
Shri Rajmani Bansal, Advocate for the applicant.
Shri Kuldeep Singh, Additional Advocate General for the
respondent/State.
Shri Atul Gupta, Advocate for the complainant. Heard learned counsel for the parties. Case diary perused.
The applicant has filed this second application under section 439 of the Cr.P.C. for grant of interim bail. First application was dismissed as withdrawn vide order dated 17.12.2020 passed in M.Cr.C. No.47224/2020.
The applicant has been arrested on 01.06.2020 by Police Station- Lateri, District Vidisha in connection with Crime No.79/2020 registered in relation to the offence punishable under Sections 294, 342, 450, 302, 147, 148, 149 of IPC and Section 25(1- B) of Arms Act.
Applicant seeks interim bail on the medical ground. Learned counsel for the applicant submits that the applicant has to undergo operation of Forensic Particles inside the body, for which he may be enlarged on interim bail for a period of 60 days.
The medical report dated 01.05.2021 has been received from the Medical Officer, District Hospital, Vidisha, wherein he has opined that the applicant has to undergo operation of Forensic HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.5555/2021 (Bantu @ Shakir Vs. The State of Madhya Pradesh) (2) Particles, which are inside the body.
Taking into consideration the facts and circumstances of the case, I deem it appropriate to extend the benefit of interim bail to the applicant for a period of 60 days.
Accordingly, it is directed that the applicant, namely; Bantu @ Shakir be released on interim bail for a period of 60 days from tomorrow, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the concerned trial Court.
The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative for a period of 60 days from tomorrow subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
3. If the applicant commits any offence while being on interim bail, then this order shall automatically stand cancelled without reference to the Court.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.5555/2021 (Bantu @ Shakir Vs. The State of Madhya Pradesh) (3) The applicant shall surrender before the concerned trial Court on 05.07.2021 for being committed to custody.
Let affidavit with regard to surrender be placed on record within three days thereafter. The applicant is also directed to file all the medical documents relating to his treatment and operation.
A copy of this order be sent to the trial Court concerned for compliance.
List this case on 06.07.2021.
Certified copy today as per rules.
(S.A.Dharmadhikari) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2021.05.04 16:15:08 +05'30'