Shravan vs State Of Madhya Pradesh

Vivek Rusia, J

They are heard. Perused the case diary / challan papers / documents. This repeat (SECOND) application has been filed on behalf of the applicant for grant of temporary bail under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.29/2021 registered at Police Station Vijayaganj Mandi, District Dewas (MP) for offence punishable under Sections 307, 302, 323, 294, 506 read with Section 34, 147, 148 and 325 of the Indian Penal Code, 1860 and also under Section 25 of the Arms Act, 1959. His earlier application (MCRC No.6308/2023) has already been dismissed by this Court on merits vide order dated 08.02.2023. The applicant is in custody since 09.02.2021.

Learned counsel for the applicant has submitted that the present repeat application for temporary bail has been filed by the applicant on account of death of his father on 23.02.2023, although he was permitted to attend the last rituals / funeral, but he is required to attend the other rituals to be conducted on 13th days.

In view of the aforesaid submissions and on perusal of the documents filed on record, this Court is inclined to allow the present application for a period of fifteen days only.

Accordingly, without reflecting anything on the merits of the case, the application is allowed temporarily for a period of fifteen days. It is directed that applicant shall be released on temporary bail for a period of fifteen days from the date of his release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one separate surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that the applicant shall surrender before the concerned Court on or before the expiry of fifteen days, failing which he shall be arrested by the police and be put to face the trial, in accordance with the law.

Accordingly, Miscellaneous Criminal  Case No.10155/2023 stands disposed of.

Certified copy as per rules.