Smt. Usha Pathak vs The State Of Madhya Pradesh
2021 Latest Caselaw 6518 MP

                                   1                           MCRC-50700-2021
        The High Court Of Madhya Pradesh
                  MCRC-50700-2021
           (SMT. USHA PATHAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated : 08-10-2021
      Heard through Video Conferencing.

      Shri Suyash Mohan Guru, learned counsel with Shri Abhishek
Parashar, counsel for the petitioner.
      Shri B.S. Gour, learned Panel Lawyer for the respondent-State.

Present petition under Section 482 of CrPC has been filed seeking

extension of bail granted by this Court vide order dated 02/8/2021 passed in CRA No.4241/2021, whereby the petitioner was extended the benefit of bail for a period of 30 days.

It is argued that the applicant, after obtaining the bail, has cooperated with the Investigating Officer and has never violated any of the terms and conditions observed by this Court. He has filed a document dated 30/9/2021, an intimation given by the Deputy Superintendent of Police addressing to the petitioner pointing out the fact that on 01/10/2021, charge-sheet is required to be filed in the matter. He has relied upon the judgment passed by the Supreme

Court in the case of Sushila Aggarwal & Ors. vs. State (NCT of Delhi) and Anr. reported in (2020) 5 SCC 1 , wherein it is pointed out that once the anticipatory bail is extended and the petitioner has not violated with any of the terms and conditions of the bail order, then there is no requirement of filing a fresh application seeking regular bail. Under such circumstances, he has prayed for extension of interim anticipatory bail.

Counsel appearing for the State has objected to the same and has pointed out that the anticipatory bail application was allowed for only 30 days and even after completing 30 days period, the petitioner has never applied for regular bail but he could not distinguish the judgment passed in Sushila Aggarwal (supra).

Heard learned counsel for the parties.

Considering the overall facts and circumstances of the case as well as 2 MCRC-50700-2021 in the light of the judgment passed in the case of Sushila Aggarwal (supra), without commenting on merits of the case, this petition under Section 482 of CrPC is allowed. The period of interim anticipatory bail granted to the petitioner vide order dated 02/8/2021 passed in CRA No.4241/2021 is hereby extended till the conclusion of the trial, subject to compliance of the terms

and conditions enumerated under Section 438 (2) of Cr.P.C, failing which this bail order shall automatically stand rejected.

E-copy of this order be provided to the applicants and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.

RAM KUMAR (VISHAL MISHRA) SHARMA 2021.10.08 JUDGE 18:20:11 +05'30'

AKS