Madhya Pradesh High Court
Kailashnarayan Sharma vs The State Of Madhya Pradesh on 11 January, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 63548/2021
(KAILASHNARAYAN SHARMA Vs STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 11/01/2022
Shri Ajeet Singh Bhadoriya, Counsel for applicant.
Shri C.P. Singh, Counsel for State.
Case diary is available.
This first application under Section 438 of CrPC has been filed
for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.975/2021 registered at Police Station - Ambah, District Morena
for offence punishable under Sections 353, 294 of IPC.
It is submitted by the Counsel for the applicant that according to
the prosecution case, the applicant abused the Tahsildar as well as also
torn certain documents. It is submitted that applicant is an ex-
armyman. While he was posted in Kargil, he suffered frostbite. As a
result, he is suffering from the effects of frostbite both the hands with
amputation through pip joints of all fingers both hands. It is submitted
that applicant is suffering from 97% disability. His all the fingers of
both hands have been amputated, and thus, it is incorrect to say that
the applicant torn the official documents.
Per Contra, the application is opposed by the State Counsel.
From the concession certificate which is at Page No.13, it
appears that the Government Doctor has given the following opinion
that, "amputation partially mutilated hand bilateral permanent".
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 63548/2021
(KAILASHNARAYAN SHARMA Vs STATE OF MADHYA PRADESH)
However, Counsel for applicant insisted that the applicant has lost his
all fingers of both hands.
Under these circumstances, without commenting on the merits
of the case, the application is allowed subject to condition that in case
if the applicant appears before the Investigating Officer (Arresting
Officer) on or before 18.01.2022, then he shall be got medically
examined from the CMHO, Morena and if it is found that, the entire
fingers and thumbs of both the hands have been amputated, then he
shall be released on bail on his furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like
amount to the satisfaction of the Arresting Officer (Investigating
Officer).
However, if it is found that the entire fingers and thumbs of
both hands of applicant have not been amputated, then this order shall
automatically lose its effect and the Arresting Officer (Investigating
Officer) shall not be under obligation to release the applicant on bail.
The applicant shall make himself available for interrogation by
the Investigating Officer as and when required. He shall further abide
by the other conditions enumerated in sub-section (2) of Section 438
of Cr. P. C.
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
18.01.2022
, then this order shall lose its effect and the Investigating
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 63548/2021
(KAILASHNARAYAN SHARMA Vs STATE OF MADHYA PRADESH)
Officer shall be at liberty to take him in custody.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.01.11 18:26:45 +05'30'
