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Judgment
8 paragraphs · 356 wordsSubodh Abhyankar, J
They are heard. Perused the case-diary.
2 . This is the second application for grant of temporary bail on account of death of his grand mother filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.1038/2022 registered at Police Station Dhamnod,Dhar for offence punishable under Sections 294, 323, 506, 302,307, 201 & 34 Act. The applicant is in custody since 10.01.2023.
Counsel for the applicant has submitted that the applicant is seeking temporary bail on the ground of death of his grand mother. who has died on 02/05/2024. It is also submitted that the applicant is lodged in jail since 10.1.2023 and his presence is required to perform the last rites of his grand mother Hence, it is submitted that the application be allowed and he be released on temporary bail.
Counsel for the respondent/State has opposed the prayer.
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 grand mother of the applicant has died on 02/05/2024 and his presence is required to perform the last rites of his grand mother, 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 one solvent surety of the like amount to the satisfaction of the concerned trial Court and before releasing the applicant on bail, the learned judge of the trial Court is also requested to verify the documents filed by the applicant regarding death of his grand mother on 2.5.2024.
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.
Certified copy as per rules.