Mangalsingh vs State Of M.P

Subodh Abhyankar, J

This is a petition filed under Section 482 of Cr.P.C. for extension of time of bail as the petitioner was granted bail by this Court in M.Cr.C. No.4911 of 2023 dated 03.02.2023 on the ground of his medical condition.

Counsel has submitted that the petitioner has still not recovered and is suffering from heart disease. It is also submitted that otherwise also the petitioner has become entitled to be released on bail claiming parity in the case o f Ambalal Vs. The State of M.P. passed in M.Cr.C. No.10968 of 2023 dated 20.03.2023 wherein this Court has allowed the bail application relied upon a decision rendered by the Supreme Court in SLP No.8164 of 2021 dated 28.02.2023 on the ground that the FSL report has not been filed along with the charge-sheet.

Counsel has drawn the attention of this Court to the relevant para of the charge-sheet in which it is clearly stated that the FSL report has not been filed. Counsel has submitted that even till date the FSL report has not been filed, despite the fact that the charge-sheet was filed on 29.06.2021.

Counsel for the State has opposed the prayer and it is submitted that the case-diary is not available.

Having considered rival submissions, perusal of the documents filed on record, including the order passed by this Court in the case of Ambalal Vs. The State of M.P. passed in M.Cr.C. No.10968 of 2023 dated 20.03.2023, this Court is of the opinion that the case of parity is indeed made out. Accordingly, on due consideration of the rival submissions and on perusal of the documents, including the order passed by the Supreme Court in SLP No.8164/2021 dated 28.2.2023, this Court is of the opinion that since in the present case also, the FSL report was not filed along with the charge sheet, at least till the aforesaid issue is decided by the Supreme Court in the said SLP, the applicant deserves to be released on bail temporarily for a period three months only. Accordingly, without expressing any opinion on the merits of the case, the present petition for extension of temporary bail is allowed for a further period of three months only on the same terms and conditions as mentioned in M.Cr.C. No.4911 of 2023 dated 03.02.2023.

Let the matter be listed in the week commencing 08.5.2023.

Counsel for the applicant is also directed to apprise this Court regarding the outcome of the matter pending before the Supreme Court.

Certified copy as per rules.