High CourtsSingle Bench

Ishwar vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 8 February 2024 · Citation: (2024) 02 MP CK 0018

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 5753 Of 2024
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Judgment

6 paragraphs · 239 words

Subodh Abhyankar, J

1.

They are heard. Perused the case-diary.

2.

This is the third bail application filed by applicant under Section 439 o f Criminal Procedure Code, 1973 for grant of temporary bail on account of death of his mother, who has died on 31.01.2024 and whose last rites are to be performed from 10.02.2024. The death certificate is also placed on record.

3.

In view of the same, this Court is inclined to allow the present application for temporary bail.

4.

Accordingly, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that the applicant shall be released on temporary bail for a period of two weeks from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. Before releasing the applicant, the trial Court shall verify the death certificate of mother of the applicant and if the same is verified, he may be allowed to furnish the bail. The applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority shall be at liberty to arrest the applicant without further reference to this Court.

5.

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