High CourtsSingle Bench

Krishna vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 15 March 2024 · Citation: (2024) 03 MP CK 0040

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 10911 Of 2023
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Judgment

7 paragraphs · 301 words

Subodh Abhyankar, J

1.

They are heard. Perused the case-diary.

2.

This is second bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of death of his father.

3.

Counsel for the applicant has submitted that the applicant is seeking temporary bail on the ground of death of his father who has died on 7/3/2024. It is also submitted that the applicant is lodged in jail since 15-11-2021 and his presence is required to perform the last rites of his father. 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 father has been verified and it is also submitted that the appropriate order may be passed.

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 father of the applicant has died on 7.3.2024 and his presence is required to perform the last rites of his father, 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 15 days only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with two solvent surety of the like amount to the satisfaction of the concerned trial Court. 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.

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