(T.S. Thakur and Adarsh Kumar Goel, JJ.)
Dr. Vinod Bhandari ___________ Appellant
v.
State of Madhya Pradesh ________ Respondent
Crl.M.P. No. 3001 of 2015, decided on February 20, 2015
In
Criminal Appeal No.(s). 220 of 2015
The Order of the court was delivered by
Order
1. This Application (Crl.M.P. No. 3001 of 2015) seeks partial modification of the following paragraph appearing in our order dated 4th February, 2015:
“18…. We also direct that if the trial is not completed within one year from today for reasons not attributable to the appellant, the appellant will be entitled to apply for bail afresh to the High Court which may be considered in the light of the situation which may be then prevailing.”
2. Mr. Sidharth Luthra, learned senior counsel for the appellant, submits that the option available to the appellant to apply to the trial court for bail, needs to be restored. Additionally, he submits that the appellant may be permitted to make an application for bail, not only if the trial is not completed within one year but also in case there is any material change in circumstances such as the appellant being charged with lesser offences than what are presently alleged.
3. Mr. Mishra Saurabh, learned counsel appearing for the respondent-State, opposes the application and submits that there is no need for any modification of order dated 4th February, 2015. We, however, see no difficulty in allowing the appellant to make an application for bail even before the trial court. That option, we make it clear, will remain open to the appellant. We also permit the appellant to make an application for grant of bail, if he is eventually charged with offences lesser than what are currently alleged against him.
4. The order passed by us on 4th February, 2015 shall, to the above limited extent, stand modified. Crl.M.P. No. 3001 of 2015 is to that extent allowed and disposed of.
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