Madhya Pradesh High Court
Kamal Palasiya vs The State Of Madhya Pradesh on 10 May, 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 10 th OF MAY, 2023
MISC. CRIMINAL CASE No. 9094 of 2023
BETWEEN:-
KAMAL PALASIYA S/O VESTA JI,
AGED ABOUT 44 YEARS,
OCCUPATION: GOVT. SERVANT
R/O SUB JAIL BADNAWAR
DISTT. DHAR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI YASH SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION SARDARPUR
DISTT. DHAR (MADHYA PRADESH)
2. LAXMAN S/O BALU SINGH DEVDA,
AGED ABOUT 62 YEARS,
OCCUPATION: AGRICULTURE
R/O. RATANPURA TEH. SARDARPUR,
DIST. DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VISHAL SANOTHIYA - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This petition under Section 482 of Cr.P.C. has been filed by applicant- Kunal Palasiya- Sub Jailer Badnawar District Dhar, who is aggrieved of the observations made by this Court in the order dated 05.01.2023 passed in M.Cr.C. No.48428/2022, wherein this Court had directed Superintendent of Signature Not Verified Signed by: SUMATHI Signing time: 5/10/2023 6:12:21 PM 2 Police, District Dhar to take appropriate action against the Officer who has not complied with the order passed by this Court on 06.12.2022.
Counsel for the applicant has submitted that vide order dated 06.12.2022 it was directed by this Court to the respondent/State to file proper health status report as the documents on which the reliance is placed by the counsel for the State is a hand written prescription. This order dated 06.12.2022 was communicated by the Office of Advocate General on 13.12.2022, the same was faxed to S.P., Sardarpur and it was then communicated to the present applicant-Sub Jailer, Badnawar on 20.12.2022. Thereafter the applicant has sent for the proper status report on 21.12.2022 which was received back on 05.01.2023, however, on 05.01.2023 the matter was listed before this Court, thus in the impression that the applicant has not complied with the order the aforesaid observations have been made. Counsel further submitted that the petitioner has duly explained the circumstances under which he could not comply with the order as the same was not communicated to him in time, which has led to passing of the aforesaid order, hence the same may be expelled.
Counsel for the respondent/State has submitted that appropriate order may be passed.
The observations made by this Court vide order dated 05.01.2023 passed in M.Cr.C. No.48428/2023, reads as under:-
"O n 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 Signature Not Verified Signed by: SUMATHI Signing time: 5/10/2023 6:12:21 PM 3 Sub Jail, Badnawar is present 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."
On due consideration of the submissions made by the parties and on perusal of the documents filed on record, the contentions raised by the counsel for the applicant seems to be reasonable. Accordingly, the aforesaid observations stands expelled from the record and no further action is necessary in respect of the same.
With the aforesaid directions, M.Cr.C. No.9094/2023 stands allowed and disposed off.
Signature Not Verified Signed by: SUMATHI Signing time: 5/10/2023 6:12:21 PM 4(SUBODH ABHYANKAR) JUDGE sumathi Signature Not Verified Signed by: SUMATHI Signing time: 5/10/2023 6:12:21 PM