Madhya Pradesh High Court
Ghonche Alias Ravi Parihar vs The State Of Madhya Pradesh on 2 May, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 19977/2022
(GHONCHE ALIAS RAVI PARIHAR Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 02/05/2022
Shri Anil Mishra, Counsel for applicant.
Ms. Kalpana Parmar, Counsel for State.
Case diary is available.
This is fifth application filed under Section 439 of Cr.P.C. for
grant of bail. The fourth application was dismissed by order dated
20.01.2022
passed in M.Cr.C. No.2400/2022.
The applicant has been arrested on 19.08.2019 in connection
with Crime No.88/2019 registered at Police Station Barohi Distt.
Bhind for offence under Sections 302, 294, 323, 34 of IPC and 25/27
of Arms Act.
This application has been filed for grant of temporary bail on
the ground of sickness of wife of applicant.
It is a case of the applicant that Doctors have advised
Hysterectomy after being verified fitness by physician.
Accordingly, this Court by order dated 23.04.2022 had directed
the prosecution to verify the health status of the wife of applicant. The
prosecution was also directed to file the affidavits of the treating
Doctors. On 28.04.2022, the verification report was filed but the
affidavits of the treating Doctors were not filed. Accordingly, on
29.04.2022, one more opportunity was given and today vide
Document No.4117/2022, the prosecution has filed the affidavits of
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 19977/2022
(GHONCHE ALIAS RAVI PARIHAR Vs STATE OF MADHYA PRADESH)
the treating Doctors Dr. Neelam Singh and Dr. Vinod
Saxena.Dr.Neelam Singh who is working as Doctor in Karni Multi
specialty Hospital Gwalior, has stated that she has advised her for
Hysterectomy after being verified fitness by physician and Smt. "X"
was discharged on 10.04.2022 from the hospital and she is undergoing
a treatment at home prior of operation.
Considering the verification report as well as the affidavit of the
treating Doctors, this application for interim bail is allowed. It is
directed that the applicant shall be released on temporary bail for a
period of one month on furnishing a personal bond in the sum of
Rs.2,00,000/- (Rupees Two Lacs) with two sureties 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.
The applicant is directed to submit an undertaking before the
concerning Court that he shall positively surrender before the
concerning Court on 30th day after his release.
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.
With aforesaid observation, the application is finally disposed
of.
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 19977/2022
(GHONCHE ALIAS RAVI PARIHAR Vs STATE OF MADHYA PRADESH)
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.05.02 19:48:58 +05'30'
