Mukesh Shivhare vs State of M.P.

Sheel Nagu, J.—Heard on I.A. No. 11313/2012, is an application for grant of interim anticipatory bail. It is seen that offence alleged against the applicant prescribes for maximum penalty of three months imprisonment with or without fine even in case of repeat offence. It is the contention of learned Counsel for applicant that the applicant is not the owner but mere patient and has nothing to do with the ownership and management of the nursing home, this Court is of the view that no useful purpose will be served to send the applicant to jail and the completion of investigation and trial is a bleak possibility, this Court is inclined to extend the benefit of interim anticipatory bail. Accordingly, I.A. No. 11313/2012 is allowed and disposed of.

It is hereby directed that in the event of arrest, applicant shall be released on interim anticipatory bail on his furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of Arresting Authority.

This order will remain operative subject to compliance of the following conditions by the applicant.

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

The applicant will cooperate in the investigation/ trial, as the case may be;

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 him 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; and

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

Admit.

Case diary be summoned.

List the case for final hearing in due course. Certified copy as per rules.