Madhya Pradesh High Court
MCRC/22821/2023 of SHABBIR Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE ANIL VERMAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 22821 of 2023
BETWEEN:-
SHABBIR S/O GAFFAR, AGED ABOUT 23 YEARS,OCCUPATION: STUDENT R/O VILLAGE HATUNIYADISTT. PRATAPGARH (RAJASTHAN)
( BY SHRI RITESH INANI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION KOTWALI DISTT.MANDSAUR (MADHYA PRADESH)
(BY MS NISHA TANWAR PL)
.....RESPONDENTS
This application coming on for admission this day, the court passed thefollowing:
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ORDER
Heard on I.A no. 1456/2024, which is an application for grant oftemporary bail instead of regular/ permanent bail.
2/ On due consideration, the I.A is allowed and disposed of.
3/ This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of temporary bail relating to FIR No.184/2022 registered atPolice Station- Kotwali, Mandsaur for the offence under Sections 8/18, 25 and29 of NDPS Act.
4/ Learned counsel for the applicant submits that applicant’s wife issuffering from dysfunctional uterine bleeding and her immediate operation and treatment is required. There is nobody available in the applicant's family totake care of her, hence the applicant be granted temporary bail for the period ofone month for medical treatment and operation of his wife.
5/ Counsel for the State informed that factum of treatment and operation of wife of present applicant has been verified.
6/ Verification report regarding medical ailment of wife of the applicanthas been received and according to the opinion made by medical officer, CHC,Rama, District- Jhabua, applicant's wife Nazama Bi is suffering fromdysfunctional uterine bleeding and she is required for uterine operation.
7/ Having regard to the aforesaid I deem it proper to grant temporary bailto the applicant for a period of 30 days.
8/ Accordingly, this M.Cr.C. is allowed and it is directed that theapplicant be released on temporary bail for a period of 30 days upon hisfurnishing a personal bond in the sum of Rs.1,00,000/- (Only One Lac) withtwo sureties (out of which, one local surety) in the like amount to thesatisfaction of the trial Court.
9/ The applicant is directed to surrender himself before the trial Courtconcerned immediately after expiry of 30 days period from the date of hisrelease, failing which the trial Court shall take appropriate steps to take theapplicant in custody.
10/ He shall also abide by the conditions enumerated u/S. 437(3) Cr.P.C.C.C. as per rules