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Judgment
Accused-petitioner, facing trial for offence punishable under Sections 302, 364, 201 read with Section 120B IPC in Sessions Case No.97/2011, pending before Special Judge, Scheduled Castes & Scheduled Tribes (POA) Court, Jodhpur, District Jodhpur (for short, 'learned trial Court'), has laid this application under Section 439 Cr.P.C. seeking interim bail for one month. The sessions case aforesaid against him is founded on FIR No.RC7(S)/2011- CBI/SC-1/New Delhi. In the application, seeking interim bail for this duration, it is inter-alia averred that the petitioner is required to attend last rites/ceremonies of his cousin brother - Birbal Ram Bishnoi S/o Late Khiyaram Bishnoi.
Mr. Rajesh Joshi, learned Senior Counsel appearing for the petitioner, submits that petitioner's cousin brother - Birbal Ram Bishnoi has passed away on 22.01.2020 and as such his presence is required to attend rituals, which are going to be held on 27.01.2020. He argued that on earlier occasions also petitioner was granted interim bail keeping in view certain exigencies and, therefore, the petitioner be granted interim bail.
Per contra, Mr. Panney Singh, learned Special Public Prosecutor for CBI, has vehemently opposed the plea of petitioner. It has been argued by him that six regular bail applications of the petitioner were earlier rejected by this Court and the Apex Court too has declined him bail. Mr. Singh apprehended that there is a likelihood of petitioner not surrendering in case he is granted benefit of interim bail looking to his background. He further submits that earlier also petitioner was denied interim bail on many occasions.
I have heard learned counsel for the parties and given my thoughtful consideration over the issue.
True it is that petitioner is facing trial for serious offences and the trial is at fag end, but he cannot be denied the opportunity to attend last rituals of his cousin. Hence, without granting interim bail to him, this Court deems it appropriate to grant limited indulgence to the petitioner to allow him to attend the last rites of his cousin in police custody from 24.01.2020 (5.00 PM onwards) to 28.01.2020 (10.00 AM). The Inspector General (Jail) shall ensure sending of petitioner to attend the last rituals during the period aforesaid. The entire expenditure for deploying police personnel shall be borne by the petitioner; which charges shall be determined by the jail authorities.
The petitioner is required to report himself before the jail authorities on 28.01.2020 (10.00 AM).
The interim bail application is accordingly disposed of.