Dheeraj Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6514 MP

                                             1                             CRA-1974-2017
             The High Court Of Madhya Pradesh
                        CRA-1974-2017
                      (DHEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH)

39
Jabalpur, Dated : 08-10-2021
      Shri K.B.Sharma, Advocate with Shri L.C.Chourasiya, Advocate for the
appellant.
      Shri Amit Pandey, Panel Lawyer for the respondent/State.

Heard on I.A.No. 13963/2021, which is repeat bail application filed on behalf of the appellant who stands convicted for offence punishable under Sections 394 r/w 397

of the Indian Penal Code and sentenced to undergo RI for 10 years with fine of Rs. 1,000/- and under Section 27 of the Arms Act and sentenced to undergo RI for 3 years with fine of Rs. 10,000/- and default stipulations.

On the last date of hearing, counsel for the State was directed to verify the contents of I.A.No. 15506/2021 filed by the appellant for taking some documents on record. As per the averments made in the application, the appellant is suffering from Tubercle Bacillus according to letter dated 24.08.2021 (Annexure A/1).

Learned Panel Lawyer for the State has filed the medical report dated 29.09.2021 received from the Central Jail, Bhopal. As per the report, at present no symptoms of

Tubercle Bacillus are detected on the appellant. It is clearly mentioned that previously some symptoms of TB were found but in the detailed analysis conducted, appellant is not found to be suffering from any such serious ailment.

In view of the aforesaid medical reports, we are of the considered opinion that appellant is not entitled to be released on bail on medical grounds.

Learned counsel for the appellant further prayed that the bail application of the appellant be considered on the ground of custody period of the appellant which is more than 6 years. He has placed reliance on the judgment rendered by the Hon'ble Supreme Court in case of Akhtari Bi vs. State of MP, AIR 2001 SC 1528.

This is 6th bail application filed on behalf of the appellant. His fourth application was dismissed on merits. Prima facie, there appears to be sufficient ground to convict the appellant. However, at this juncture we are not inclined to appreciate the entire 2 CRA-1974-2017 evidence on the defence taken by the counsel for the appellant. Accordingly, finding no change in the circumstances, I.A.No. 13963/2021 stands dismissed.

On 06.01.2021, the matter was directed to be listed for final hearing, however, due to Covid-19 pandemic final hearing of cases could not be held for sometime. Now, the physical hearing of cases is resumed, hence, Registry is directed to list this case for final hearing on priority basis.

        (SMT. ANJULI PALO)                                (RAJENDRA KUMAR (VERMA))
              JUDGE                                                    JUDGE


    vidya
Digitally signed
by SREEVIDYA
Date: 2021.10.08
17:48:11 +05'30'