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Anil @ Sandu Boyat vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 February 2024 · Citation: (2024) 02 MP CK 0053

HON’BLE JUDGES
Prakash Chandra Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 302
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 7277 Of 2024
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Judgment

8 paragraphs · 339 words

Prakash Chandra Gupta, J

1.

Heard with the aid of case diary.

This is first application under Section 439 of Cr.P.C. seeking temporary bail moved on behalf of applicant - Anil @ Sandu Boyat on the ground of death of his father Inder Singh during treatment in custody at M.Y.Hospital, Indore on 10.2.2024.

2.

Applicant/accused is in custody since 8.4.2018 relating to FIR/Crime No.164/2018 dated (not mentioned) registered at Police Station Juni Indore, District Indore (MP) for commission of offence punishable under Sections 302, 34 of IPC.

3.

Learned counsel for the applicant submits that father of the applicant has died on 10.2.2024 during treatment at M.Y.Hospital, Indore. It is submitted that there is no other member in the family to perform a last rituals of his father. The letter from Supdt., District Jail, Indore dated 10.2.2024 has been filed. Learned counsel prays that the applicant may be enlarged on temporary bail for a period of three months.

5.

Learned counsel for the State submits that applicant may be enlarged on temporary bail only after verification of the aforesaid factum.

6 . I n view of the aforesaid facts and circumstances of the case, the prayer for temporary bail is allowed. Applicant - Anil @ Sandu Boyat is directed to be released on temporary bail upto 26.2.2024, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, on the condition that he shall surrender before the Trial Court on 26.2.2024 positively, but not later than 05.00 PM, on the said date and any default in that behalf shall be viewed seriously by this Court. Learned Trial Court shall send a copy of surrender certificate of the applicant immediately for retaining the same in the record of this case. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

7.

With the aforesaid, this application stands disposed of. Certified copy, today itself.