Virendra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 6836 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C. No.22087/2022
              Virendra Sharma Vs. State of M.P.

Gwalior, Dated:06/05/2022

      Shri Jitendra Kumar Sharma, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for the State.

      This application under Section 482 of Cr.P.C. has been filed

for suspending the condition of repayment of loan amount to the

Bank with a direction that the applicant shall surrender himself on

expiry of bail period.

      The applicant has already been granted bail by order dated

8/7/2019

passed in M.Cr.C. No.21413/2019 on the condition that

he shall produce NOC from the concerning Bank.

It is submitted that since the applicant could not repay the

outstanding amount, therefore, the NOC has not been issued. Thus,

it is prayed that the applicant may be granted temporary bail for a

period of fifteen days, so that he can repay the loan amount.

In paragraph 7 of the application it is also mentioned that as

the daughter of the applicant is getting married on 9/5/2022 and

being the father, he is required to perform certain rites and

ceremonies, accordingly, this Court by order dated 4/5/2022 had

directed the State counsel to verify the factum of marriage of the

daughter of the applicant.

The State has filed the verification report and has submitted

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22087/2022 Virendra Sharma Vs. State of M.P.

that the marriage of the daughter of the applicant is fixed for

9/5/2022.

Since the applicant has already been granted bail, but he is in

jail on account of non-fulfillment of condition of bail, therefore, he

cannot be granted temporary bail for a period of fifteen days for

enabling him to produce the NOC. However, his prayer for grant of

temporary bail on the ground of marriage of his daughter can be

considered.

Accordingly, the prayer for grant of temporary bail is hereby

allowed and it is directed that on furnishing 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 or C.J.M. or Remand

Magistrate (Whosoever is available), the applicant be released on

temporary bail for a period of seven days from the date of his

release. The applicant shall also furnish an undertaking that he

shall surrender immediately on 7 th day from the date of his

release.

The other conditions of Section 437, 439 Cr.P.C. shall remain

the same.

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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22087/2022 Virendra Sharma Vs. State of M.P.

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is partially

allowed.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2022.05.06 15:00:10 +05'30'