Jogaram vs State of Rajasthan

The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with

FIR No.175/2019, Police Station Basni, District Jodhpur, registered for the offence under Section 8/18 of the NDPS Act.

Heard and considered the arguments advanced by the learned counsel appearing for the petitioner through video conferencing and learned Public

Prosecutor, present-in-person. Perused the material available on record.

Learned counsel appearing for the petitioner through video conferencing stated that the present interim bail has been filed by the petitioner seeking

interim bail for a period of twenty days on the ground that for performing social and religious rites & rituals after the death of his father who expired

on 05.12.2020. He further stated that copy of death certificate of the petitioner's father has been supplied to learned Public Prosecutor.

Per contra, learned Public Prosecutor opposed the interim bail application of the petitioner. He has verified the fact regarding petitioner's father having

expired on 05.12.2020.

Having regard to the facts and circumstances of the case, particularly looking to the fact that the petitioner being the son, his presence is essential in

the family to perform the last rites of his father, this Court is of the opinion that the interim bail application filed by the petitioner deserves to be

accepted.

Consequently, the interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that instead of twenty days, the petitioner, Jogaram

S/o Bhanaram Ji, arrested in connection with FIR No.175/2019, Police Station Basni, District Jodhpur, shall be released on interim bail for a period of

seven days from the date of his actual release; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One lac only) and two sound and

solvent surety bonds of Rs.50,000/- (Rupees Fifty thousand only) [one surety shall be of family member] each to the satisfaction of the Jail

Superintendent, Jodhpur. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for ensuring surrender of

the petitioner in prison, after expiry of the period of seven days is granted under this interim bail application.