Shudhakar Rao vs State Of Madhya Pradesh

This is the first temporary bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.52/2019 under Section 307, 34, 302, 120-B of IPC registered at Police Station - Vijay Nagar, District-Indore and applicant is in custody since 22/01/2019.

According to the prosecution case, on 16/01/2019 some unidentified person killed one Sandeep Agrawal in a crowded place in an open street. Thereafter they fled away from the spot by vehicle. The dispute relates to Rs.17 Crores and one Rohit Shetty engaged a sharp shooter to commit the murder by way of contract killers. The role of the present applicant is that he helped in conspiring and planning for said offence.

It is submitted by the learned counsel for the applicant that due to death of father of the applicant, he may be released temporarily for performing last rites, as he is the only son of his father. It is stated that at present the applicant is in Central Jail, Bhopal, therefore, he be released from there to Dewas for performing last rites of his father. She states that all relevant documents and application have been handed over to learned Addl. Adv. General. There is no evidence against him. Conclude of trial is likely to take time. The applicant is permanent resident of District-Indore. There is no possibility of his absconding. He is ready to furnish adequate security. The accused is in custody since 22/01/2019. Investigation is over and charge-sheet has already been filed. Trial is likely to take time, therefore, he prays for release of the applicant on temporary bail.

The learned Additional Advocate General has opposed the bail application on the ground that the applicant is hardcore criminal and if he is released even on temporary bail, he may cause harm to the Society, therefore, in this regard, an order has also been passed by the Government against the present applicant, hence, he prays that the temporary bail should be rejected.

After hearing learned counsel for the parties and after perusal of the record, it appears that the present applicant is in Central Jail, Bhopal and his father has died on 18/11/2019, the applicant is the only son of his father, who requires to perform last rites of his father, therefore, I allow this temporary bail application with the following directions :-

The applicant is directed to release on temporary bail on 20/11/2019 at 08:00 AM alongwith police escort for performing the last rites of his father at Dewas and thereafter, he be sent back to the Central Jail, Bhopal on the same day at 04:00 PM under proper police custody.

D.G.P., Central Jail, Bhopal is directed to provide proper police escort from Bhopal to Dewas to the present applicant.

I.G., Bhopal is also directed to make all necessary and proper arrangement in this regard for sending him from Central Jail, Bhopal to Dewas.

S.P., Central Jail, Bhopal is also directed to arrange proper and accurate arrangements for safety of the applicant.

S.P., Dewas is also directed to make appropriate arrangement for proper security of the applicant at Dewas.

It is directed that funeral shall be conducted on the same day i.e. 20/11/2019 from 10:00 AM to 02:00 PM. If the funeral is not conducted within the stipulated period, then also the applicant shall be sent back to the Central Jail, Bhopal on the same day at 04:00 PM under proper police custody.

Principal Registrar of this Bench is directed to send this order by FAX to all the concerns for making proper security of the applicant from Central Jail, Bhopal to Dewas and back from Dewas to Central Jail, Bhopal on the same day i.e. 20/11/2019.

With the aforesaid directions, the present application stands disposed of finally.

C.C. as per rules today.