Sourabh Upadhyay vs . State Of M.P

G.S. Ahluwalia, J

This application under Section 482 of Cr.P.C. has been filed for modification of order dt.10.01.2022 passed in M.Cr.C. No.58368/2021 by which bail

granted to the applicant is canceled and he was directed to surrender before the trial Court latest by 17.01.2022.

It is submitted by the counsel for the applicant that since the applicant was not well, therefore, he got himself tested for COVID-19 and by report dt.

21.01.2022, he was declared positive.

Per contra, the application is opposed by the counsel for the State. It is submitted that as per the order dt.10.01.2022 passed in M.Cr.C.

No.58368/2021, the applicant was required to surrender on or before 17.01.2022 but from the COVID test report, it appears that his sample was

collected on 18.01.2022 i.e. subsequent to the expiry of date for surrender.

Considering the totality of the facts and circumstances of the case, this Court is of the considered opinion that no good ground has been made out for

modification of order dt.10.01.2022 passed in M.Cr.C. No.58368/2021. However, by way of last indulgence, the applicant is directed to surrender

before the Court of Special Judge (POCSO) Gwalior latest by tomorrow i.e. 28.01.2022.

In case, the applicant fails to surrender, then the Court of Special Judge (POCSO) Gwalior shall not only issue arrest warrant against the applicant but

shall also start a recovery proceeding against the surety, which shall be positively completed within a period of one month from the date of issuance of

notice. Notice to the surety shall be served through the Superintendent of Police, Gwalior.

With the aforesaid observation, the application is finally disposed of.

The office is directed to immediately sent a copy of this order to the Principal District and Sessions Judge, Gwalior, for communicating the same to the

Court of Special Judge (POCSO) Gwalior for necessary action and compliance.