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Judgment
9 paragraphs · 393 wordsPrakash Chandra Gupta, J
Heard with the aid of case diary.
This is third application under Section 439 of Cr.P.C. seeking temporary bail moved on behalf of applicant - Santosh, on the ground of death of applicant's father Rambharose Kushwah, who died due to Lung Cancer on 23.05.2024.
2 . Applicant/accused is in custody since 10.04.2023 relating to FIR/Crime No.65/2023 dated (not mentioned) registered at Police Station Kurawar, District Rajgarh (MP) for commission of offence punishable under Sections 366, 376 and 376(D) of IPC.
Learned counsel for the applicant submits that father of the applicant had expired on 23.05.2024 and his last rituals is going to be held on 02.06.2024 and 03.06.2024. It is submitted that except mother of the applicant, there is no other member in the family to perform last rites and rituals of his father. The application is duly supported by "shauk patrika" and Panchnama of the Sarpanch, Gram Panchayat, Bahukhedi, District Guna. Therefore, it is prayed that the applicant may be enlarged on temporary bail for a period of one month.
Learned counsel for the State submits that applicant may be enlarged on temporary bail only after verification of the aforesaid factum.
5 . I n view of the aforesaid facts and circumstances of the case, the prayer for temporary bail is allowed. Applicant - Santosh is directed to be released on temporary bail for a period of fifteen (15) days from the date of his release, subject to verification by the Trial Court regarding factum of death of father of the applicant, on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, on the condition that he shall surrender before the Trial Court after expiry of aforesaid period of fifteen days from the date of his release, but not later than 05.00 PM, on the said date and any default in that behalf shall be viewed seriously by this Court. Learned Trial Court shall send a copy of surrender certificate of the applicant immediately for retaining the same in the record of this case. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.
With the aforesaid, this application stands disposed of.
Certified copy, as per Rules.