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2014 DIGILAW 297 (MP)

Gangaram Piplya v. State of M. P.

2014-03-14

JARAT KUMAR JAIN, SHANTANU KEMKAR

body2014
ORDER 1. With consent heard finally. 2. By filing this MCrC the applicant is seeking extension of temporary bail which was granted by the learned Single Judge of this Court vide order dated 17.12.2013 passed in MCrC No.7526/2013. 3. We find that the temporary bail was granted to the applicant by the learned Single Judge by observing thus :- “This first application for bail under section 439 of CrPC is filed by the present applicant namely-Gangaram Piplya in connection with crime No.539/2013 registered at Police Station-Rajendra Nagar, District-Indore for the alleged offence punishable under sections 419, 420, 467, 468 and 120 B of IPC”. Learned counsel appearing on behalf of the applicant submits that the applicant is in custody since 5.8.2013 and on the medical ground the temporary bail is sought for. As per the directions issued by this Court, the report from Medical Board as well as specialist of MGM College has been received. As per the report of the Medical Board and the specialist the patient is suffering from LGB Syndrome. The report of the specialist, MGM College, Indore is reproduced as under :- This is in reference to your Letter No.15038 dated 4.12.2013 and letter 14103 dated 3.12.2013 from MP High Court and endorsed by Dean, MGM Medical college, Indore, regarding prisoner patient Gangaram Piplya S/o Moolchand Piplya was admitted on 29.11.2013 under Unit- II in MICU (Ward No.27) with acute onset of Quadreparesis. Patient was examined clinically in detailed, after relevant investigation and opinion of neurologist Dr. Apoorva Pauranik was taken on 2nd December 2013 and acute onset of Quadreparesis, possibility of acute inflamatory demyelienating polyradioculo-myloneuropathy (LGB) and maligering cannot be ruled out. Patient was treated on the line of LGB Syndrome. Medical Board was constituted by Superintendent, MY Hospital, Indore, consisting of members Professor G.B. Ramteke, Dr. Kundan Kushwaha and Dr. Arvind Shukla opined on 2nd December 2013 that consultation of Neurophysician to be taken. Dr.Apoorva Puranik, Neurophysician was again consulted on 4th December 2013 and he opinied that organic neurological illness like LGB syndrome is less likely. Patient may be kept in ward for observation for few more days. Patient was treated on the line of LGB syndrome under the guidance of neurophysician Dr. Dr.Apoorva Puranik, Neurophysician was again consulted on 4th December 2013 and he opinied that organic neurological illness like LGB syndrome is less likely. Patient may be kept in ward for observation for few more days. Patient was treated on the line of LGB syndrome under the guidance of neurophysician Dr. Apoorva Puranik and as per his advise patient is kept for observation for few more days.” However prayer is made to enlarge the applicant on temporary bail for a period of three months. Learned counsel for the State has no objection. Considering the aforesaid, the application for temporary bail is allowed. Applicant Gangaram-Piplya is directed to be released on temporary bail for a period of three months from the date of his release on his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the CJM, Indore. It is directed that the applicant shall surrender in the Court of CJM, Indore, immediately on completion of three months, otherwise steps be taken to take him into custody by the said Court.” 4. It has been contended by learned counsel for the applicant that the applicant has not yet recovered from the ailment and he needs further treatment as has been advised by the treating Doctor. The applicant is admitted in the hospital at Balasinor, District-Kheda, Gujarat. A certificate dated 25.2.2014 (Annexure-A/5) has been filed. 5. Taking into consideration the over all facts and circumstances of the case, we dispose of this application by extending the period fixed in the said MCRC by a further period up to 21.4.2014. The applicant shall now surrender before the Chief Judicial Magistrate, Indore on 21.4.2014.