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Madhya Pradesh High Court

Dainy @ Vaibhav Rathor vs The State Of Madhya Pradesh on 19 February, 2018

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THE HIGH COURT OF MADHYA PRADESH
                     Cr.A No.882/2008




JABALPUR
19.02.2018

Shri Geet Sukhwani learned counsel for the appellant.

Shri Sudeep Deb learned Govt. Advocate for the State.

Shri Ashish Tiwari learned counsel for the objector. Heard on I.A No.1675/2018 an application for grant of temporary bail filed by the appellant no.1 Dainy @ Vaibhav Rathor on the ground that the wife of the appellant is expecting and the due date that has been given by the doctor is 24.2.2018.

The learned counsel for the appellant, therefore, prays for grant of temporary bail for a period of fifteen days from 22.2.2018 to 9.3.2018.

The application is vehemently opposed by the learned counsel for the objector who states that the objector has received a threat from the relatives of the appellant stating that he is going to come out on bail and, therefore, they should leave the city.

In view of the objection of the objector, we have called for a report from the Jail Superintendent, Hoshangabad wherein by communication dated 17.2.2018 he has stated that the appellant has been released on parol on six occasions and that no untoward incident has occurred during any of these occasions and that the conduct and behaviour of the appellant in jail has been good.

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THE HIGH COURT OF MADHYA PRADESH Cr.A No.882/2008 In view of the aforesaid, I.A No.1675/2018 is allowed to the extent that appellant no.1 Dainy @ Vaibhav Rathor shall be released on temporary bail for a period of fifteen days commencing from 22.02.2018 to 09.03.2018 on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of C.J.M Betul. The appellant shall immediately thereafter surrender before the court of C.J.M Betul on 09.03.2018 who is directed to submit his report in respect of the same before this Court. In case the appellant does not surrender on 9.3.2018, necessary steps to arrest him shall be taken by the police authorities.

It is, however, made clear that a strict condition on the appellant is imposed regarding his conduct and in case it is found that he threatens or voluntarily interacts with the relatives of the objector, he shall henceforth shall not be released on bail.

C.C as per rules.

     ( R. S. JHA )                   ( NANDITA DUBEY)
       JUDGE                              JUDGE


mms/-



Digitally signed by MONSI M
SIMON
Date: 2018.02.20 10:44:58
+05'30'