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Judgment
9 paragraphs · 314 wordsI.A. No. 1909 of 2024
This I.A. has been field on behalf of the appellant for grant of provisional bail to attend the shraddha ceremony of his mother Sewanti Devi who died on 16.02.2024.
In support of his contention, learned counsel for the appellant has attached a letter bearing Memo No. 1428 dated 17.02.2024 issued by the Lok Nayak Jai Prakash Narayan Central Prison, Hazaribag indicating that she has passed away on 16.02.2024 during course of treatment at RIMS, Ranchi. He has also annexed Dead Body Carrying Certificate issued by the Department of Forensic Medicine, Rajendra Institute of Medical Sciences, Ranchi to strengthen his ground. Learned counsel has submitted that shraddha ceremony and related ceremony are scheduled to be held from 27.02.2024 to 29.02.2024. Therefore, on these grounds, he prays that provisional bail may be granted to the appellant.
Learned counsel for State has opposed the prayer for provisional bail and submitted that the appellant has committed murder of his wife and therefore, he does not deserve the privilege of provisional bail. Moreover, he has spent around three years of custody only.
In view of the prayer made and, in the facts, and circumstances of this case, we are inclined to grant provisional bail to the appellant. Accordingly, appellant, above named, shall be released on provisional bail till 04.03.2024, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-III, Chatra in connection with Sessions Trial No. 99 of 2021.
Appellant is directed to surrender before the learned court below on 04.03.2024 and obtain a surrender certificate and file the same before this court by 06.03.2024.
Aforesaid I.A. stands disposed of.
Put up this case on 07.03.2024.
Let this order be communicated to the learned court below through 'FAX' today itself.
