High CourtsDivision Bench(2021) 02 MP CK 0053

Megh Singh Sikarwar And Others vs Monika Singh

Madhya Pradesh High Court · Decided on 8 February 2021

HON’BLE JUDGES
Atul Sreedharan, J · B. K. Shrivastava, J
RESULT
Disposed Of
CASE NUMBER
CONC No. 3194 Of 2018

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Judgment

18 paragraphs · 352 words

Learned counsel for the petitioners, after having argued at length, seeks to withdraw this contempt petition. He also seeks liberty of this court to

permit the petitioner to appear before the learned court of first instance concerned before whom case No. 557/19 is pending at Bhopal and apply for

bail.

The petitioners are given the protection till they appear before the learned court below on or before 22-02-2021. In the event, the petitioners do not

appear before the learned court of first instance, on or before the said date, the protection granted to them vide order dated 06-10-2018, by which

anticipatory bail was granted by the 7th Additional Sessions Judge, Bhopal shall stand revoked and the learned trial court would be at liberty to issue

non-bailable warrants to secure the presence of the petitioners herein.

Pursant to the order passed by this court for issuance of non-bailable warrant, Mr. Mohar Singh, who is husband of the complainant has been arrested

by the police and produced before this court. The jail authority at Jabalpur is directed to transfer the petitioner to Bhopal Jail latest by tomorrow

morning and the jail authority Bhopal is directed to produce Mr. Mohar Singh before the learned trial court at Bhopal tomorrow itself before the

learned Judge, hearing Case No. 557/19 arising from Crime No. 529/18 Police Station Ashoka Garden, Bhopal.

If the applicant Mr. Mohar Singh moves an application for bail under Section 439 Cr.P.C, the learned trial court is requested to liberally decide the

same in the light of anticipatory bail dated 06-10-2018 passed by the learned 7th Additional Sessions Judge, Bhopal, if possible on the same day itself

or otherwise positively on the next day.

The jail authorities at Bhopal are directed to ensure that Mohar Singh is produced before the appropriate court at Bhopal tomorrow itself positively so

as to enable him to move an application under Section 439 of Cr.P.C.

As far as the other accused are concerned, the warrants that were directed to be issued against them by this court shall stand suspended.

With the above, the contempt petition stand disposed of.