Virendra Sharma vs State Of M.P

G.S. Ahluwalia, J

This application under Section 482 of Cr.P.C. has been filed for suspending the condition of repayment of loan amount to the Bank with a direction that the applicant shall surrender himself on expiry of bail period.

The applicant has already been granted bail by order dated 8/7/2019 passed in M.Cr.C. No.21413/2019 on the condition that he shall produce NOC from the concerning Bank.

It is submitted that since the applicant could not repay the outstanding amount, therefore, the NOC has not been issued. Thus, it is prayed that the applicant may be granted temporary bail for a period of fifteen days, so that he can repay the loan amount.

In paragraph 7 of the application it is also mentioned that as the daughter of the applicant is getting married on 9/5/2022 and being the father, he is required to perform certain rites and ceremonies, accordingly, this Court by order dated 4/5/2022 had directed the State counsel to verify the factum of marriage of the daughter of the applicant.

The State has filed the verification report and has submitted that the marriage of the daughter of the applicant is fixed for 9/5/2022.

Since the applicant has already been granted bail, but he is in jail on account of non-fulfillment of condition of bail, therefore, he cannot be granted temporary bail for a period of fifteen days for enabling him to produce the NOC. However, his prayer for grant of temporary bail on the ground of marriage of his daughter can be considered.

Accordingly, the prayer for grant of temporary bail is hereby allowed and it is directed that on furnishing personal bond in the sum of Rs.1,00,000 (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available), the applicant be released on temporary bail for a period of seven days from the date of his release. The applicant shall also furnish an undertaking that he shall surrender immediately on 7th day from the date of his release.

The other conditions of Section 437, 439 Cr.P.C. shall remain the same.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is partially allowed.