ITEM NO.14 COURT NO.12 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.11828/2022
(Arising out of impugned final judgment and order dated 04-11-2022 in MCRC No. 48569/2022 passed by the High Court of M.P Principal Seat at Jabalpur)
KRISHANPAL KUSHWAHA Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(IA No. 189579/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 189580/2022 – EXEMPTION FROM FILING O.T.)
Date : 16-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. Vikramaditya Singh, AOR
Mr. Shreyank Tiwari, Adv.
For Respondent(s) Mr. D.S. Parmar, AAG
Ms. Mrinal Elker Majumdar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties.
Learned counsel for the respondent would contend that the allegations made against the petitioner is serious and as such the grant of anticipatory bail is not justified. However, it is noted that this Court by taking note that the petitioner is a cancer patient had granted interim protection.
There is no dispute to the fact that the petitioner had thereafter participated in the investigation.
In that view of the matter, we deem it appropriate to make the order dated 12.12.2022 absolute subject to the condition that the petitioner shall participate in the further investigation if he is required in future as also participate in the trial diligently and comply with the requirements under Section 438(2) of Cr.P.C.
The Special Leave Petition is, accordingly, disposed of.
Pending application(s)shall also stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
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