Considering the submissions advanced by learned counsel for
the parties and the fact situation as well as intention of appellant to
reform himself and to serve the social cause as per the spirit echoed in
the order of Sunita Gandharva (Supra), but with some stringent
3 Cr.A. No.1343/2021
condition as discussed by Hon'ble Supreme Court in the case of
Aparna Bhatt Vs. State of M.P. reported in 2021 SCC Online 230,
without expressing any opinion on merits of the case, I deem it
appropriate to allow this appeal and impugned order dated 22.08.2019
is set aside in the following terms. It is hereby directed that the
appellant shall be released on bail on his furnishing a personal bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety
of the like amount to the satisfaction of Trial Court.
Considering the submissions of learned counsel for the parties and
facts situation specially the fact that charge-sheet has already been filed
which appears to be more based upon documentary evidence. I ntention of
appellant to reform himself and to serve the social cause as per the spirit
4
echoed in the order of Sunita Gandharva (Supra), but with some stringent
condition as discussed by Hon'ble Supreme Court in the case of Aparna
Bhatt Vs. State of M.P. reported in 2021 SCC Online 230, without
expressing any opinion on merits of the case, I deem it appropriate to allow
this appeal and impugned order dated 28.02.2022 is set aside in the
following terms. It is hereby directed that the appellant shall be released on
bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac
Only) with two solvent sureties (each surety should be of Rs.50,000/- of
the like amount to the satisfaction of Trial Court.
Intention of appellant to reform himself
and to serve the social cause as per the spirit echoed in the order
5
of Sunita Gandharva (Supra), but with some stringent
condition as discussed by Hon'ble Supreme Court in the case of
Aparna Bhatt Vs. State of M.P. reported in 2021 SCC Online
230, without expressing any opinion on merits of the case, I
deem it appropriate to allow this appeal and impugned order
dated 28.02.2022 is set aside in the following terms. It is hereby
directed that the appellant shall be released on bail on his
furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac
Only) with two solvent sureties (each surety should be of
Rs.50,000/- of the like amount to the satisfaction of Trial Court.
Considering the period of custody as well as the fact that
material prosecution witnesses have been examined and trial may
take some time to conclude, but without expressing any opinion
on merits of the case, I deem it appropriate to allow this appeal
and impugned order dated 27.08.2019 is set-aside, but with
certain stringent conditions especially looking to the mandate of
Apex Court in the case of Aparna Bhat Vs. State of M.P.
reported in 2021 SCC Online 230. It is hereby directed that on
furnishing bail bond of Rs.1,00,000/- (Rupees One Lac Only)
with two solvent sureties of Rs.50,000/- each to the satisfaction
of trial Court appellant shall be released on bail.