Vikas Patel vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

This petition has been filed by the applicant for extension of period of temporary bail granted by this Court vide order dated 13/07/2022 passed in M.Cr.C.No.33493/2022, whereby period of bail was extended upto 13.8.2022.

Learned counsel for the applicant submitted that earlier applicant had filed a petition (M.Cr.C.No.27055/2022) under Section 482 of Cr.P.C. for extension of period of temporary bail granted by the Court vide order dated 12/05/2022 in M.Cr.C. No.19311/2022, thereafter, M.Cr.C. No.33493/2022 was filed for extension of period of temporary bail on account of illness of daughter of the petitioner, same was allowed vide order dated 13/07/2022, period of temporary bail was extended upto 13.8.2022. Petitioner has filed medical documents Annexure A/4 dated 27.7.2022 issued by Dr. Mukesh Khare, Ayushman Children's Hospital & Research Insitute for Children & Neonates, Jabalpur, wherein it is mentioned that child Ditya Patel aged 2 years who was operated for ASD & congenital Diaphragmatic Hernia need very close supervision and follow up by Dr. Suresh G. Rao as soon as possible.

In light of above medical documents, learned senior counsel has submitted that there is nobody in family except the applicant to take care of the infant Ditya. Therefore, it has been prayed that temporary bail granted to the applicant be extended for a further period of three weeks for supervision and follow up by doctor at Mumbai.

Learned counsel for the respondent/State has opposed the prayer.

On a perusal of the earlier orders passed by the coordinate Bench of this Court, it is apparent that temporary bail was granted to the applicant on the ground of serious illness of his infant daughter. As per the report dated 27.7.2022 issued by Dr. Mukesh Khare, two years old child needs further close supervision and follow up from Dr. Suresh G. Rao at Mumbai. Therefore, having taken into consideration the medical report issued by Dr. Khare and the facts and circumstances about the serious illness of child and arguments advanced by learned counsel for the applicant. This petition deserves to be allowed. Hence, allowed. The period of temporary bail of the applicant who is father of ailing infant is extended up to 4/09/2022.

The applicant is directed to surrender before the concerned trial court on 5/09/2022. Applicant shall furnish the copy of this order-sheet before the concerned Court at Khandwa.

However, it is made clear that in case applicant fails to surrender on the aforesaid date before the trial court, the trial court shall take all necessary steps to secure the presence of the applicant and to commit him to jail.

This order shall be the part and parcel of earlier order dated 12.5.2022 passed in M.Cr.C. No.19311/2022, order dated 13/06/2022 passed in M.Cr.C. No.27055/2022 and order dated 13.7.2022 passed in M.Cr.C. No.33493/2022.

With the aforesaid modification, the petition is disposed of.

Certified copy as per rules.