Surendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5422 MP

                                        1                           MCRC-43507-2021
                 The High Court Of Madhya Pradesh
                           MCRC-43507-2021
                       (SURENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

2
Gwalior, Dated : 14-09-2021
             None for the applicant.
             Shri Dheeraj Budholiya, learned PL for the respondent/State.

At the outset, learned counsel for the respondent/State informs this Court that this petition is not maintainable in view of judgment dated 09.08.2021 passed by coordinate Bench of this Court in the case of Rahul

Kumar Pal Vs. State of M.P. vide M.Cr.C. No.38747/2021, wherein coordinate Bench has held that bail under Section 439 is not maintainable till the accused comes into custody and herein the present case the applicant is released by the order of the Court due to Covid-19 pandemic, therefore, same is not maintainable.

In view of the legal position, this application under Section 439 of Cr.P.C. is not maintainable. If the applicant is still on parole or any other benefit is given by the State Government, then he has to surrender before the trial Court and thereafter he can move the instant application.

Dismissed accordingly.

(ANAND PATHAK) JUDGE

neetu SMT NEETU SHASHANK 2021.09.15 12:07:45 +05'30'