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Judgment
8 paragraphs · 353 wordsSubodh Abhyankar J
1] They are heard. Perused the case-diary.
2] This is first bail application filed by applicant under Section 483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of death of his brother and sister-in-law.
3] Counsel for the applicant has submitted that the applicant is seeking temporary bail on the ground of death of his brother and sister-in-law, who have died in an road accident on 05/12/2025 and their last rites are to be perform on 17th and 18th of December, 2025. It is also submitted that the applicant is lodged in jail since 06/10/2025 and his presence is required to perform the last rites. Hence, it is submitted that the application be allowed and he be released on temporary bail.
4] Counsel for the respondent/State has submitted that the factum of death of his brother and sister-in-law has not been verified.
5] On due consideration of submission and on perusal of the case-diary, this Court finds force with the contentions as advanced by counsel for the applicant and considering the fact that the brother and sister-in-law of the applicant have died on 05/12/2025 and his presence is required to perform their last rites, without commenting on merits of the case, the application for temporary bail is allowed. 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) 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 factum of death of his brother and sister-in-law and if the same is verified, he may be allowed to furnish the bail. That applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.
6] M.Cr.C. stands allowed.
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