High CourtsSingle Bench

Jitendra .@ J. D vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 May 2024 · Citation: (2024) 05 MP CK 0108

HON’BLE JUDGES
Anil Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 294, 302 · Arms Act, 1959 — Section 27
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 21711 Of 2024
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Judgment

8 paragraphs · 311 words

Anil Verma, J

1.

This is the 9th application filed under Section 439 of Cr.P.C. for grant of temporary bail in connection with Crime No.951/2013 registered at P.S. - Banganga, Indore (M.P.) for commission of offence punishable under Section 302, 294, 34, 120-B of IPC and Section 27 of the Arms Act.

2.

Applicant has preferred this temporary bail application on account of death of his brother.

3.

Learned counsel for the applicant contended that applicant's brother Akash @ Chhotu has been died on 10.5.2024. Shok Sandesh has been filed along with the application and factum of death of applicant's brother has been duly verified before the trial Court and trial Court had directed the applicant to attend the funeral of his brother in police custody. Except the applicant, no senior member is available in his family to carry out the last rites of deceased Akash which is going to commence from 19.5.2024. Hence he prays that the applicant be released on temporary bail for a period of 15 days.

4.

Per contra, learned GA for respondent/State opposes the temporary bail application and prays for its rejection.

5.

Having regard to the aforesaid I deem it proper to grant temporary bail to the applicant for a period of 10 days.

6.

Accordingly, this M.Cr.C. is allowed and it is directed that the applicant be released on temporary bail for a period of 10 days upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to surrender before the trial Court immediately after expiry of 10 days period from the date of his release, failing which the trial Court shall take appropriate steps to take the applicant in custody. The applicant shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. today.