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Gopal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 4 November 2022 · Citation: (2022) 11 MP CK 0025

HON’BLE JUDGES
Rajendra Kumar (Verma), J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439, 446 · Indian Penal Code, 1860 — Section 34, 294, 302, 307, 323 · Arms Act, 1959 — Section 25(1B)
CASE NUMBER
Miscellaneous Criminal Case No. 51665 Of 2022
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Judgment

10 paragraphs · 293 words

Rajendra Kumar (Verma), J

This is repeat (SECOND) application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of temporary bail.

The applicant is facing trial in connection with Crime No.193/2019, registered at Police Station - Balakwada, District Khargone for the offence punishable under sections 302, 294, 307 and 323/34 of IPC and under Section 25(1-B) of Arms Act . The applicant is in custody since 08.06.2019.

The first bail application of the applicant was dismissed as withdrawn vide order dated 07.01.2022 passed in MCRC No.61556/2021.

Learned counsel for the applicant submits that this application for temporary bail has been filed by the applicant on the ground of death of unmarried sister of the applicant. , therefore, prays for grant of temporary bail.

The factum of death of sister of the applicant has been verified by the learned counsel for the State.

Looking to the submissions of counsel for the parties and verification of death of sister of the applicant, without commenting on the merits of the case, this application for temporary bail is allowed.

It is directed that the applicant/accused be released on bail temporarily for a period of 10 days from the today on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court for securing his presence before the said Court.

The applicant shall surrender before the trial Court concerned on 14.11.2022 i.e. on the expiry of the aforesaid period of 10 days. Failing which, the trial Court will take necessary steps to arrest the applicant and will proceed under Section 446 of Cr.P.C. without further reference to this Court.

Certified Copy as per rules.