Shivraj Singh vs State Of Madhya Pradesh

Rajendra Kumar  Verma, J

This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of temporary bail during trial.

The applicant is facing trial in connection with Crime No.39/2022, registered at Police Station Badnagar, District Ujjain for the offence punishable under sections 394, 341, 323, 354, 323/34 of IPC, 1860. The applicant is in custody since 04.02.2022.

Learned counsel for the applicant has submitted that the father of the applicant has expired on 26.03.2022 and his last rituals are to be performed from 02.04.2022 to 04.04.2022 and as the applicant being his only son, he is required to perform the last rites program. On the aforesaid grounds, prayer is made to release the applicant on temporary bail.

Learned Panel Lawyer has submitted that the factum of death of the applicant's father is verified.

Looking to the facts and circumstances of the case, on a perusal of the material available on record, it would be appropriate to grant temporary bail to the applicant for a period of 7 days from the date of his release. Accordingly,without expressing any opinion on the merits of the case this application is allowed. It is directed that the applicant be released on temporary bail for a period of seven days from the date of his release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he / she will surrender immediately after completion of seven days from the date of his / her release for being taken into custody and sent to jail failing which, the trial Court will take necessary steps to arrest the applicant and will proceed under Section 446 of Cr.P.C. without further reference to this Court.

A copy of this order be sent to the Court concerned for compliance.

Certified copy, today.