The necessity of the applicant-accused's presence to perform necessary rituals in his sister's marriage ceremony was the key legal principle influencing the court's decision to grant temporary bail.

JUDGMENT

V.G. Bisht, J. - Ms. Khan, learned Counsel for the applicant, submits that since the real sister of applicant-accused is to be married on 16th December, 2021 and applicant-accused being the only brother, his presence is necessary to perform necessary rituals in the said marriage ceremony. On this ground, learned Counsel seeks a temporary bail for a period of one week.

2. Mr. Palkar, learned APP, submits that he has no objection but the period of one week will be too long a period and rather he should not be given a temporary bail for more than 2 days.

3. I have gone through the marriage invitation card. It appears that marriage of the sister of applicant-accused is scheduled tomorrow i.e. 16th December, 2021. I have also taken into consideration the submission of learned Counsel for the applicant-accused that he is the only brother.

4. In view of above, since, the sister of applicant-accused is to get married tomorrow i.e. 16th December, 2021, the presence of applicant-accused appears to be necessary so that he can perform necessary/ customary rituals in the said marriage ceremony.

5. Learned counsel has also submitted that the reception is scheduled on 18th December, 2021.

6. In view of above, I pass the following order :

ORDER

(i) The applicant, who is lodged in Yerwada Central Prison, Pune, in connection with C.R. No. 269 of 2017 registered with Sinhgad Police Station, Pune for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code and Section 4 (25) of the Indian Arms Act, be released on temporary bail for a period of four days i.e. from 16th December, 2021 to 19th December, 2021 on his executing PR Bond in the sum of Rs 25,000/-so as to enable him to attend the marriage ceremony of his sister on 16th December, 2021.

(ii) Meantime, the applicant shall attend Sinhgad Police Station, Pune in between 11.00 a.m. to 1.00 pm.

(iii)The applicant is directed that after performing the necessary marriage rituals he shall surrender before the Jail Superintendent, Yerwada Central Prison, Pune, on 20th December, 2021 at 11.00 am.

(iv)On being so surrendered, the Superintendent, Yerwada Central Prison, Pune, shall commit him to the prison.

(v) Registry and learned APP are directed to communicate this order to Jail Superintendent, Yerwada Central Prison, Pune.

(vi) Parties to act on an authenticated copy of this order.

(vii) Stand over to 17th January, 2022.