Madhya Pradesh High Court
Deependra Singh Parihar @ Golu vs The State Of Madhya Pradesh on 30 June, 2020
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 MCRC-9789-2020
The High Court Of Madhya Pradesh
MCRC-9789-2020
(DEEPENDRA SINGH PARIHAR @ GOLU Vs THE STATE OF MADHYA PRADESH)
12
Jabalpur, Dated : 30-06-2020
This matter is taken up through Video Conferencing.
Ms.Namrata Agrawal, counsel for the applicant.
Shri A.Rajeshwar Rao, G.A., for the respondent/State.
Shri Anil Khare, learned Senior Advocate with Shri Anand Kumar Sharma, counsel for the objector.
Heard on I.A.No.7325/2020 application for taking additional document on record filed by counsel for objector.
For the reasons mentioned in the application, the same is allowed. The document I.A.No.7323/2020 by which reply/objection to the application for grant of temporary bail has been filed is taken on record.
Heard on I.A.No.7041/2020, an application for grant of temporary bail to the applicant for a period of two months.
Learned counsel for the applicant submitted that marriage of applicant is scheduled to be held today i.e. 30.6.2020, therefore he may be released on temporary bail. It is further submitted that previously the marriage of applicant was scheduled to be held on 13th March, 2020, for which he applied interim bail, which was allowed and he was granted interim bail for a period of 15 days vide order dated 5.3.2020, but as the applicant was confined in some other criminal trial he was not granted bail, so he could not solemnize his marriage and on the application of counsel for objector order of granting temporary bail was recalled vide order dated 19.3.2020. Thereafter second application for releasing him on temporary bail was filed on the ground that his marriage is going to be solemnized on 13.6.2020, therefore he may be released on temporary bail for a period of two months, but the same was rejected vide order dated 11.6.2020. Now this third application has been filed for grant of ad-interim temporary bail, on the ground that he is going to Digitally signed by SANTOSH P MATHEWS Date: 30/06/2020 14:04:03 2 MCRC-9789-2020 solemnize marriage with the girl Ku.Shilpi on 30.6.2020 i.e. today. In support of the application he has filed invitation card, affidavits of the girl and her father. On these grounds it is prayed that the applicant may be released on temporary bail.
Learned Senior Advocate appearing on behalf of the objector opposed the application for grant of temporary bail and submitted that the applicant is a person of criminal mentality, therefore he may not be released on ad-interim temporary bail as there are chances of his influencing the witnesses. It is further submitted that there is all possibility that applicant will abscond if he is granted interim bail. On these grounds the application for grant of ad-interim temporary bail is vehemently opposed by the learned counsel for objector.
On the last date of hearing, the State was directed to verify the documents filed alongwith the application for temporary bail and to submit the report, to which the State has filed the report verifying the solemnization of marriage of the applicant with the girl Ku.Shilpi to be reliable.
Learned counsel for State has formally objected to the application for grant of ad-interim temporary bail.
It appears that previously the marriage of applicant was scheduled to be held on 13th March, 2020, for which he applied for interim bail, which was allowed and he was granted interim bail for a period of 15 days vide order dated 5.3.2020, but as the applicant was confined in some other criminal trial he was not granted bail, so he could not solemnize his marriage and on the application of counsel for objector order of granting temporary bail was recalled vide order dated 19.3.2020. Thereafter second application for releasing him on temporary bail for a period of two months was filed on the ground that his marriage is going to be solemnized on 13.6.2020, but the same was rejected vide order dated 11.6.2020 on the ground that the documents filed alongwith the application were not reliable in nature. Now this third application is filed with marriage invitation card, and affidavit of girl Ku.Shilpi and her father .
Digitally signed by SANTOSH P MATHEWS Date: 30/06/2020 14:04:033 MCRC-9789-2020 The documents which are filed by the applicant alongwith the application are verified by the Police and the statements of the girl and her father have been recorded and they have verified that the applicant is going to solemnize marriage with Ku.Shilpi on 30.6.2020 i.e. today only and the girl with whom he is going to marry is a Government servant and working as Constable and she has also sought permission for the marriage vide letter dated 29.6.2020.
In these circumstances, I am of considered view that the applicant deserves to be released on temporary bail for a period of 15 days.
Accordingly, I.A.No.7041/2020 for ad-interim temporary bail is allowed. It is directed that the applicant shall be released on ad- interim bail for a period of 15 (fifteen) days on his furnishing a personal bond in the sum o f Rs.2,00,000/- (Rupees Two Lacs only) with two local solvent sureties of Rs.1,00,000/- (Rupees one lac) each to the satisfaction of the concerned Court. It is further directed that first the applicant may solemnize his marriage and may apply for enhancement of period of further 15 days more.
In the meantime, State is directed to send copy of this order to the Police for providing adequate security to the complainant and important witnesses of this case during the period, the applicant remains on bail temporary bail.
I.A.No.7041/2020 stands allowed and disposed of.
C.C., today.
(MOHD. FAHIM ANWAR) JUDGE M. Digitally signed by SANTOSH P MATHEWS Date: 30/06/2020 14:04:03