Balwant Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8496 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 27th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 29037 of 2022

        Between:-
        BALWANT SINGH S/O SHRI KAILASH DHAKAD,
        AGE 37 YEARS, OCCUPATION: GOVERNMENT
        SERVANT (VILLAGE EMPLOYMENT ASSISTANT
        AND GRAM PANCHAYAT SECRETARY) IN
        GRAM PNACHAYAT BABDI KHEDA, R/O
        VILLAGE    KALORA    POLICE     STATION
        FATEHGARH, DISTRICT GUNA (MADHYA
        PRADESH)

                                                                 .....APPLICANT
        (BY SHRI ALOK SHARMA - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION CANTT., DISTRICT GUNA
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI A.K.NIRANKARI - ADVOCATE)

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 22/03/2022 passed in MCRC No.12548/2022.

The applicant has been arrested on 03/03/2022 in connection with Crime No.257/2018 registered at Police Station Cantt., District Guna for offence under Sections 376 and 506 of IPC.

It is submitted by the counsel for the applicant that the applicant has lost his father on 16/06/2022 and accordingly, I.A. No.9700/2022 has been filed for grant of temporary bail.

So far as the merits of the case are concerned, he may be permitted to withdraw this application on merits.

In view of the submissions made by the counsel for the applicant, this Court by order dated 23/06/2022 had directed the respondents to verify the factum of death of the father of the applicant.

Shri Nirankari has submitted the verification report received from Police Station Cantt. District Guna, which is to the effect that the father of the

applicant has expired on 16/06/2022 and his 13th day ceremony is fixed for 29/06/2022.

It is submitted by the counsel for the applicant that the applicant had performed the last rites of his father in police custody.

In view of the verification report that the applicant has lost his father on 16/06/2022 and his 13th day ceremony is scheduled to be held on 29/06/2022, this Court is of the considered opinion that the applicant can be granted temporary bail for four days from today so that he can attend the 13th day ceremony of his father. It is directed that the applicant be released on temporary bail for four days on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court. He shall be furnish an affidavit to the effect that he shall surrender on 01/07/2022.

It is made clear that in case, if the applicant fails to surrender before the Trial Court on 01/07/2022, then personal bond submitted by the applicant shall

automatically stand forfeited and the Trial Court shall be free to initiate proceedings for recovery of the personal bond as well as shall also issue warrant of arrest against the applicant.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Accordingly, I.A.No.9700/2022 is hereby allowed. Application on merits is hereby dismissed.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Pj'S/-

PRINCEE BARAIYA 2022.06.27 20:05:32 +05'30'