Mahesh Meena vs State Of Madhya Pradesh

Prem Narayan Singh, J

This is first application has been filed on behalf of the applicant for grant of temporary bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relating to FIR No.377/2023 registered at Police Station-Garoth, District-Mandsaur (MP) for offence punishable under Sections 379 of Indian Penal Code, 1860 and Sections 136 & 139 of Madhya Pradesh Electricity Act. The applicant is in custody since 26.08.2023.

Learned counsel for the applicant has submitted that the father of the applicant has expired on 28.08.2023 and the presence of the applicant is required to conduct last rituals of his father. The last ritual (Pagdi Dastur) is scheduled for 08.09.2023 at Sathkheda, Tehsil Garoth District-Mandsaur= (M.P.). On the aforesaid grounds, prayer is made to release the applicant on temporary bail for a period of 15 days.

Learned Government Advocate for the respondent/State has submitted that the factum of death of the applicant's father is verified.

In view of the aforesaid submissions and on perusal of the documents filed on record, this Court is inclined to allow the present application for a period of seven days only from today.

Accordingly, without reflecting anything on the merits of the case, the application is allowed temporarily for a period of seven days. It is directed that applicant shall be released on temporary bail for a period of seven days from the date of his release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one separate surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that the applicant shall surrender before the concerned Court on or before the expiry of seven days, failing which he shall be arrested by the police and be put to face the trial, in accordance with the law.

Accordingly, Miscellaneous Criminal Case No.40323/2023 stands disposed of.

Certified copy as per rules.