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Judgment
11 paragraphs · 393 wordsRajeev Kumar Shrivastava, J
This petition under Section 482 of Cr.P.C . has been filed by the petitioner seeking deletion of condition No.7 of the order dated 23.04.2022 passed in M.Cr.C. No.20253/2022 whereby petitioner has been granted bail by this Court.
It is submitted by learned counsel for the petitioner that the petitioner has been granted bail by this Court vide aforesaid order wherein condition No.7 has been imposed and petitioner has been directed to mark his presence before the SHO of the concerning police station once in a month till conclusion of the trial.
It is further submitted that the petitioner has marked his presence regularly before the SHO, Police Station Alampur, District Bhind and now the petitioner is suffering from some health problems. In support of his arguments, he has filed the copies of reports as well as medical documents (Annexure A/2) of the petitioner. It is also submitted that the petitioner resides in Gohad, District Bhind and this Court had directed to mark the presence of the petitioner before SHO, Police Station Alampur, District Bhind that is very far away from the house of the petitioner. Till date, the petitioner has complied the aforesaid condition No.7, but as he is suffering from some ailments and his resident is far away from concerning Police Station, it is being very difficult for him to comply with aforesaid condition of bail order. Hence, prays for allowing this petition by deleting condition No.7 of aforesaid order.
Learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner and has submitted that this Court has imposed condition No.7 while granting bail to the petitioner. Hence, learned State counsel prays for dismissal of this petition.
Heard learned counsel for the parties and perused the documents available on record.
Considering the arguments advanced by learned counsel for the parties as well as the aforesaid facts of the case, this Court is inclined to allow this petition by deleting aforesaid condition No.7 of order dated 23.04.2022 passed in M.Cr.C.No.20253 of 2022.
Remaining part of the order shall remain intact. This order shall be read in conjunction with the order dated 23.04.2022 passed in M.Cr.C.No.20253 of 2022.
Let a copy of this order be kept in the record of M.Cr.C.No.20253/2022.
Accordingly, present M.Cr.C. stands disposed of in above terms.
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