Banshi vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is second bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of brain surgery of his son. His earlier bail application M.Cr.C. No.39216/2023 has already been dismissed by this Court on 13/09/2023 on merits.

Counsel for the applicant has submitted that the son of the applicant has met with an accident and requires brain surgery. The documents regarding which have also been placed on record as the applicant's son was earlier treated at Paras Hospital, Udaipur (Rajasthan), his photographs have also been placed on record and the documents regarding treatment at Apollo Hospital, Delhi have also been placed on record. Hence, it is submitted that the application be allowed and he be released on temporary bail.

Counsel for the respondent/State has submitted that the appropriate order may be passed.

On due consideration of submission and on perusal of the case-diary as also the documents filed on record, this Court finds force with the contentions as advanced by counsel for the applicant and considering the fact that the son of the applicant requires brain surgery, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of one month only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. That applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.

Certified copy as per rules.