High CourtsSingle Bench

Gopal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 24 March 2023 · Citation: (2023) 03 MP CK 0103

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Disposed Of
CASE NUMBER
Madhya Pradesh High Court (Indore Bench)
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Judgment

10 paragraphs · 309 words

Subodh Abhyankar, J

Applicant is represented by his cousin Suresh s/o Heeralal.

None for the respondent as the Advocates are abstaining from work today.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail only on account o f marriage of applicant's sister Parvati, which is to be solemnized on 30.03.2023, however, the programme was to start from 22.3.2023.

Thus, it is stated that considering the fact that the applicant is lodged in jail since 23.11.2021 and all other family members are in jail as also the father of the applicant has already been granted temporary bail by this Court in M.Cr.C.No.8994/2023 dated 3.3.2023 but, as the applicant happens to be the only brother of the bride, his presence would be necessary to complete the marriage ceremony.

Since the applicant's father has already been granted bail on the same ground, no further verification of the marriage is required.

On due consideration, this Court finds it expedient to allow the bail application temporarily for a period of two weeks from the date of his release. Accordingly, without commenting on merits of the case, the application for temporary bail is allowed for a period of two weeks.

It is directed that applicant shall be released on temporary bail for a period of two weeks only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he shall surrender before the trial court on 14th day of his release, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.

M.Cr.C.stands disposed of.

Certified copy as per rules.