Jagdish vs The State Of Madhya Pradesh
2023 Latest Caselaw 2780 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 65 of 2020
                                                 (JAGDISH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-02-2023
                                 Shri Abhishek Rathore, learned counsel for the Appellant [A-1].

                                 Shri Bhaskar Agrawal, learned G.A. for respondent/State.

Heard o n I.A. No. 517/2023, First application for grant of temporary bail on the ground of facing piles related problem.

Learned Trial Court has convicted the appellant under Section 302 of

IPC and sentenced to undergo life imprisonment with fine of Rs. 10,000/- and Section 201 of IPC and sentenced to undergo R.I. of 2 years with fine of Rs. 1,000/- with default stipulations, vide its judgment and order dated 12.12.2019 passed by the IIIrd Additional Sessions Judge, Mandsaur in S.T. No. 231/2017.

Learned counsel for the appellant submits that the appellant is suffering from piles and he is in severe pain. He is unable to sit properly, due to unbearable pain, he needs to undergo a surgery. Therefore, it is prayed that the jail sentence of the appellant may be suspended and he may be released on bail for the period of one month.

Per contra, learned G.A. for respondent/State opposes the prayer, but it is not disputed that the appellant is suffering from piles.

We have heard learned counsel for both the parties and perused the record.

Considering the treatment papers of the appellant and report received from Central Jail, Ujjain, we are inclined to consider and allow this application for granting temporary bail to Appellant-Jagdish, for a period of one month which would start from the date of release of the appellant and would be ended Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 16-02-2023 17:02:35

on completion of one month.

It is directed that Appellant Jagdish be released on temporary bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety of the like amount to the satisfaction of the Court concerned.

It is made clear that on completion of period of one month, the appellant will surrender before the Trial Court concerned. In case the appellant does not surrender before Trial Court concerned, then the Trial Court shall take coercive steps in the matter to procure his presence for sending him in jail.

On being released on bail, the appellant shall abide by the conditions

enumerated in Section 437(3) of the Code of Criminal Procedure.

With the aforesaid, this application for grant of temporary bail stands disposed of.

Certified copy as per rules.

                              (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                        JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 16-02-2023
17:02:35