Madhya Pradesh High Court

MCRC/5019/2024 of SURESH @ SURAJ NUT Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 5019 of 2024

BETWEEN:-

SURESH @ SURAJ NUT S/O GANPATLAL, AGED ABOUT20 YEARS, OCCUPATION: LABOR GRAM BAKHED TEHAND DIST. RAJGARH (MADHYA PRADESH)

(BY SHRI GOVIND PAL SINGH SONGARA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION KHUJNER DIST.RAJGARH (MADHYA PRADESH)

(BY MS. BHAGYASHREE GUPTA - PUBLIC PROSECUTOR)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant for grant of temporary bail on the ground of death ofapplicant's father namely, Ganpatlal, who has died on 29.01.2024.

2. It is submitted that the applicant is sole son of his father and he has toperform the rituals. perform the rituals.

3. Counsel for the State prays for time to verify the same.

4. After hearing learned counsel for the parties and taking into considerationthe submissions made by counsel for the applicant which are supported byphotocopy of death certificate, I am of the view that the applicant is entitled for grant of temporary bail up to 14.02.2024 subject to verification of factum ofdeath of Shri Ganpatlal Jaitmal by the trial Court and upon furnishing a personalbond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the likeamount to the satisfaction of the Court below on the condition that the applicantshall surrender before the concerned Court on 15.02.2024.

5. In case if he fails to surrender on 15.02.2024, the concerned Court shalltake necessary steps to arrest the applicant in accordance with the law.

6. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.

7. With the aforesaid, the application is allowed and disposed off.

CC as per rules.(VIJAY KUMAR SHUKLA)JUDGEsoumya

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