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Sonu Kanjar @ Soniya vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 29 May 2023 · Citation: (2023) 05 MP CK 0106

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 22882 Of 2023
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Judgment

8 paragraphs · 290 words

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of marriage of applicant's brother Pintu, which is to take place on 31/05/2023.

Counsel for the applicant has submitted that father of the applicant has already passed away and the applicant is the only male person to arrange the marriage and apart from that the presence of the applicant in the said marriage is necessary. Thus, it is submitted that the application be allowed and he be released on bail temporarily.

Counsel for the respondent/State has opposed the prayer and it is submitted that the invitation card is not verified and the marriage is of applicant's brother and the offence is under Excise Act.

O n due consideration of submission and on perusal of the case-diary, this Court finds force with the contentions as advanced by counsel for the applicant, without commenting on merits of the case, the application for temporary bail is allowed for a period of one week only .

It is directed that applicant shall be released on bail temporarily for a period of one week only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. It is also directed that applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period of one week, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.

Certified copy as per rules.