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2024 Supreme(Online)(MP) 41951

HIGH COURT OF MADHYA PRADESH
Dilip – Appellant
Versus
State Of M.P. – Respondent
MCRC 29040/2024



Advocates:
Rahul Sharma,Advocate General

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE JUSTICE PREM NARAYAN SINGH th ON THE 19 OF JULY, 2024 MISC. CRIMINAL CASE No. 29040 of 2024 DILIP Versus STATE OF M.P.

Appearance:

Shri RAHUL SHARMA, ADVOCATE FOR APPLICANT.

Shri H.S. RATHORE, COUNSEL FOR STATE This application coming on for admission this day, the court passed the following:

ORDER Heard and perused the record.

This is first application has been filed on behalf of the applicant for grant of temporary bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relation to FIR No.283/2024 dated (not mentioned) registered at Police Station-Rajendra Nagar, Indore District-Indore (MP) for offence punishable under Sections 489-B and 34 of IPC. The applicant is in custody since 23.03.2024.

2. Learned counsel for the applicant submitted that the applicant has filed this application for temporary bail on the ground of death of mother of the applicant. Hence, interim bail may be granted to the applicant for a period of one month. It is also submitted that earlier, on 16.07.2024, the bail could not be granted due to non-verification of medical health status of mother of applicant, Signature Not Verified but on 17.07.2024, she is expired.

3. Learned counsel for the State has opposed the prayer and prayed, but fairly admitted that the factum of death of mother of the applicant is not verified and the same be verified through trial Court.

4. I have heard learned counsel for the parties and have perused the case diary.

5. In view of the aforesaid submissions and on perusal of verification report, this Court is inclined to allow the present temporary bail application for a period of 20 days from the date of his release.

6. It is directed that Subject to verification of death of mother of the applicant by trial court through concerned police station today itself, the applicant be released on temporary bail for a period of 20 days from the date of his release upon furnishing a bail bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C..

7. It is made clear that after having been completed the aforesaid period, the applicant may surrender before the Trial Court, failing which the concerned trial Court is having liberty to arrest the applicant in accordance with law.

Certified copy as per rules.

Signature Not Verified (PREM NARAYAN SINGH)

JUDGE AMIT Signature Not Verified

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