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Bheru Nath vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 18 April 2023 · Citation: (2023) 04 MP CK 0078

HON’BLE JUDGES
Pranay Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302, 307
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 15358 Of 2023
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Judgment

9 paragraphs · 365 words

Pranay Verma, J

1.

They are heard. Perused the case diary/challan papers.

2.

This is a a repeat (Second) application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.61/2022 registered at Police Station Unhel, District Ujjain (MP) for offence punishable under Sections 302 and 307/34 of the IPC. First application bearing M.Cr.C. No.8508/2023 was dismissed as withdrawn by order dated 20.03.2023.

3.

The applicant is in custody since 24-08-2022.

4.

This is an application for grant of temporary bail filed on behalf of the applicant on the ground that the marriage of his son Mohan is to take place on 03.05.2023. It is submitted by the learned counsel for the applicant that Mohan is his only son and he being the father is required to be present for performing the necessary rituals of the marriage. Prayer has accordingly been made for grant of temporary bail to the applicant.

5.

Learned counsel for the respondent/State has submitted that the factum of marriage has been got verified from Police Station Unhel and it has been reported that the son of the applicant is to get married on 03.05.2023.

6.

Thus considering the fact that the applicant is the father and would be required to be present in the marriage functions of his son, I deem it fit to grant temporary bail to the applicant for a period of three weeks with effect from 25.03.2023. It is directed that the applicant shall be released on temporary bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned trial Court for a period of three weeks with effect from 25.03.2023. The applicant shall surrender before the trial court on the very next day upon completion of the period of three weeks, failing which he shall be arrested by the Police and be put to face the trial in accordance with the law.

7.

Present M.Cr.C. is accordingly allowed and disposed off.

8.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.