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Judgment
8 paragraphs · 363 wordsSanjeev S Kalgaonkar, J
This second application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.382/2023 registered at Police Station Morar, District Gwalior (M.P.) for offence punishable under Sections 307, 294 and 34 of the IPC and added Section 302 of the IPC. The applicant is in judicial custody since 06/07/2023. First bail application was dismissed as withdrawn vide order dated 23/11/2023 passed in M.Cr.C. No. 49605/2023.
Heard on IA No. 22606/2023, an application for temporary bail of the applicant on the ground of death of his mother on 05/12/2023, whose last rites (Triyodashi) are to be performed on 17/12/2023.
Learned counsel for the applicant submits that Rishika Pal (P.W.1) and Mamta Pal (P.W.2) were examined before the Trial Court and they did not support the case of the prosecution. The trial is underway. Meanwhile, mother of the applicant died on 05/12/2023 and her last rites (Triyodashi) are to be performed on 17/12/2023 at Ghosipura, Morar District Gwalior. There is nobody at the home of applicant to perform last rites, therefore, the applicant may be released on temporary bail for a period of one week to perform last rites of his deceased mother Smt. Bhoori Bai. In support of his contentions, the applicant has filed a card (Shok Sandesh), alongwith this application.
The factum of the death of mother of applicant is duly verified by the SHO, Police Station Morar, District Gwalior.
Considering the aforesaid, IA No. 22606/2023 is allowed and it is hereby directed that the applicant RAMVARAN PAL (BAGHEL) shall be released on temporary bail for a period of one week only on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the Court concerned. The applicant shall surrender before the trial Court on 22/12/2023. Necessary papers regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.
List this case for hearing on the main second bail application filed under Section 439 of the Cr.P.C thereafter.
CC today.