Dashrath Singh vs State Of M.P

Anand Pathak, J

The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. His earlier application stood dismissed as withdrawn. Applicant has

been arrested on 19/4/2021 by Police Station Pawai, District Bhind in connection with Crime No. 132/2020 registered for offence punishable under

Sections 307, 323, 294, 147, 148, 149 of IPC and Section 25(1-B)(A) of Arms Act.

At the outset, learned counsel for the applicant seeks withdrawal of this application so far as merit is concerned. However, he seeks temporary bail

for purpose of recuperation due to operation in backbone.

Prayer noted.

It is the submission of learned counsel for the applicant that during confinement at District Jail, Bhind, boundary wall of District Jail collapsed and

applicant was standing beneath it, therefore, sustained injuries in his spinal cord. He has been operated, therefore, he is seeking some respite through

rest. He is virtually confined to bad and looking to his precarious medical condition, his case be considered for temporary bail.

Learned counsel for the State opposed the prayer and submits that medical attention can be given at District Jail, Bhind.

Heard.

Considering the submissions and the fact that applicant has recently been operated over spinal cord and he has to take rest and medical opinion dated

23/08/2021 given by Medical Officer, Central Jail, Gwalior indicates that applicant requires one assistant for movement and for performing daily

routine work, this Court intends to partly allow the application for temporary bail for a period of two months. Therefore, without commenting on the

merits of the case, it is hereby directed that the applicant shall be released on interim/temporary bail for a period of two months from the date of his

release, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of trial

Court.

Applicant shall surrender immediately after completion of period of temporary bail i.e. on or before 27th October, 2021.

This order will remain operative subject to compliance of the following conditions by the applicants :-

1.The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicants shall not move in the vicinity of complainant and shall not be source of embarrassment or harassment to them in any manner;

6.The applicant shall submit latest medical report one week prior to completion of his two months temporary bail before the office of this Court; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application stands disposed of in above terms.

A copy of this order be sent to trial Court for compliance and information. Surrender report be submitted before this Court.

E-copy/Certified copy as per rules.