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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Parvej Khan - Appellant
Versus
Uoi, Through Cbi - Respondent
Criminal Misc. Bail No. 10743 of 2018
Decided On : 12-02-2019
Temporary Bail - Participation in Brother's Wedding - The court allowed the accused to be released on temporary bail for ten days to participate in his brother's wedding, considering the verified fact of the wedding and the accused's previous compliance with bail conditions.
Fact of the Case:
The accused sought temporary bail to participate in his brother's wedding, which was verified by the Inspector, CBI. The court found that the accused deserved to be released for ten days to attend the wedding.
Finding of the Court:
The court allowed the interim bail application and ordered the accused to be released for ten days to participate in his brother's wedding.
Issues: Temporary bail for participation in family event
Ratio Decidendi: The court considered the verified fact of the brother's wedding and the accused's previous compliance with bail conditions in granting temporary bail.
Final Decision: The interim bail application was allowed, and the accused was ordered to be released for ten days to participate in his brother's wedding. The regular bail application was to be posted for orders after two weeks.
JUDGMENT
1. The matter comes up for orders on I.A. No. 01/2019 for releasing the accused-petitioner Parvej Khan on temporary bail on the ground that his younger brother Parvat Khan is to be married on 15.02.2019 and thus he craves interim bail for ten days. The factum of marriage of Shri Parvat Khan has been verified by Inspector, CBI and factual report has been furnished before the Court to this effect. It is an admitted position that accused was granted interim bail by this court and he availed of the said facility for a period of about one and half years without flouting any condition of the bail order.
2. Learned counsel Shri Rajpurohit has opposed the submissions advanced by applicants father.
3. Having regard to the facts and circumstances as available on record, this Court is of the opinion that the petitioner Parvej Khan deserves to be released on interim bail for a period of ten days from the date of his actual release so as to enable him to participate in the wedding ceremonies of his younger brother Parvat Khan.
4. Thus, the interim bail application (No. 01/2019) is allowed. The petitioner Parvej Khan arrested in connection with the F.I.R. No. 353/2015, registered at Police Station Makarana (Re-registered at CBI, New Delhi as CBI Case No. RC 4(S)/2016/CBI/SC.III/New Delhi), shall be released on interim bail for a period of ten days from the date of his release provided he furnishes a personal bond of Rs. 80,000/- and two surety bonds of Rs. 40,000/- each (one of surety is of close relatives) to the satisfaction of trial Court and upon submitting an undertaking that he shall surrender back upon expiry of the period of interim bail and with the usual terms and conditions. The trial court shall give the date of surrender to the petitioner as per the date on which he is released.
5. The 3rd application for regular bail under Section 439 Cr.P.C. shall be posted for orders after two weeks.
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