Madhya Pradesh High Court
Laxman vs The State Of Madhya Pradesh on 5 January, 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 5 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 48428 of 2022
BETWEEN:-
LAXMAN S/O BALU JI DEVDA, AGED ABOUT 61 YEARS,
OCCUPATION: AGRICULTURIST GARM RATANPURA,
POLICE THANA SARDARPUR DISTRICT DHAR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI MAYANK MISHRA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION SARDARPUR
DISTRICT DHAR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI HITENDRA TRIPATHI, G.A. AND SHRI PANKAJ GOSWAMI,
ADVOCATE FOR THE RESPONDENT [OBJ])
This application coming on for admission/orders this day, th e court
passed the following:
ORDER
They are heard. Perused the case-diary.
This is the third bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail on the ground of ailment of the applicant.
Counsel for the applicant has submitted that the applicant has suffered paralysis in his right leg and is facing extreme difficulty in carrying out day to day routine.
Although, no document has been filed in support of this contention, Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 05-01-2023 18:51:22 2 however, this Court on 23.11.2022 had directed the counsel for the State to verify the health status of the applicant and submit its report and on 06.12.2022 counsel for the respondent/State was again directed to file proper health status report of the applicant as the hand written document issued by the doctor was illegible. Thereafter, again the matter was listed on 20.12.2022 and then on 21.12.2022 on which date counsel for the State was again directed to comply with the earlier order and it was also directed that if the order is not complied with, the concerned Officer of Sub Jail, Badnawar shall remain present before this Court.
Today, counsel for the State has informed that the father of the Jailor of Sub Jail, Badnawar, who was to mark his presence before this Court is indisposed, hence, he was not unable to come before this Court.
Counsel for the objector Shri Pankaj Goswami has also opposed the prayer and it is submitted that the applicant is the main assailant and it is a murder case and his application has already been dismissed on merits.
In rebuttal, counsel for the applicant has submitted that the applicant is only seeking temporary bail on the ground of his medical condition and the material witnesses have already been examined in this case.
On perusal of the documents filed on record and the proceedings in the present bail application, it is apparent that the concerned Officer of the State is avoiding to file proper health status report of the applicant, despite repeated directions issued by this Court and even today this Court had only directed that if the order is not complied with, then the concerned Officer shall remain present before this Court, but despite this order, the order has not been complied with nor the concerned Officer of Sub Jail, Badnawar is present Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 05-01-2023 18:51:22 3 before this Court, which clearly indicates that the concerned Officer of the State has failed to comply with the order passed by this Court and this Court has no option, but to draw an adverse inference against the respondent and is of the opinion that the applicant, who is claiming that he is suffering from paralysis, deserves to be released on bail temporarily for a period of four weeks.
On due consideration of submissions and on perusal of the documents filed on record, this Court is inclined to allow the application for the period of four weeks.
Hence, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of four weeks from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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 immediately after expiry of the aforesaid four weeks time from the date of his release, failing which he shall be arrested by the police and be put to face the trial in accordance with law.
S.P. Dhar is also directed to take proper action against the erring officer and also submit its report before the Registry of this Court as to why the order passed by this Court dated 06.12.2022 was not complied with.
It is also observed that if the applicant is found to be involved in any of the criminal activities, after his release on bail, then the learned judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court.
Application stands allowed.
Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 05-01-2023 18:51:22 4A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 05-01-2023 18:51:22