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Judgment
Appellants, who are father and son respectively, have made a prayer for provisional bail for a period of one month through I.A. No.2228 of 2021 on account of death of wife of the appellant no.1 who was mother of appellant no.2 on 6th April 2021. As per the Shradh rituals, Daskarm has been done on 15th April 2021 and ceremony of Brahm Bhoj is being done today 17th April 2021. The matter was listed on the request of learned counsel for the appellant on 16th April 2021 considering the exigency as both the husband and son of the deceased are suffering sentence under the impugned conviction. However, because of the suspension of Court work yesterday, the same cause-list has been deferred for today. As such the matter is being taken- up today.
Learned counsel for the appellants submits that these two appellants, being the father and son, may be allowed provisional bail at least for two weeks in such unfortunate circumstances of death of the wife of appellant no.1 who was the mother of appellant no.2.
It seems that for reasons beyond the control of any one, the matter could not be taken up yesterday for the appellant to be released in time for appearing in Brahm Bhoj today. However, their presence in the family in this difficult times may be necessary for providing support to other family members.
Learned A.P.P. does not oppose the prayer. However, he submits that the Brahm Bhoj is being performed today itself.
On consideration of the aforesaid facts and circumstances that the wife of appellant no.1 being the mother of appellant no.2 has passed away and that the matter could not be taken up yesterday due to suspension of Court's work, though the Brahm Bhoj is being performed today i.e. 17th April 2021, we are inclined to grant provisional bail to the appellants for a period of 15 days. Accordingly, appellants be released on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS), Chatra in connection with N.D.P.S. Case No. 18 of 2016, if not wanted in connection with any other case. Appellants should surrender on or before 3rd May 2021. Surrender certificate shall be filed in this appeal within a week of the surrender by the counsel for the appellant. I.A. No. 2228 of 2021 stands disposed of.