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IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Nirdesh Bishnoi - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 54 of 2021
Decided on : 19-01-2021
SC/ST Act - Temporary Bail for Attending Last Rites Ceremony - The court allowed the appellant to attend the last rites ceremony of his mother in police custody from 10:00 AM to 05:00 PM, despite dismissing the criminal interim appeal under Section 14-A(2) of SC/ST Act.
Fact of the Case:
The appellant sought temporary bail to attend the last rites ceremony of his mother, who had passed away. The court allowed him to attend the ceremony in police custody from 10:00 AM to 05:00 PM.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to allow the appellant to attend the last rites ceremony of his mother in police custody for a specified time.
Issues: Temporary bail for attending last rites ceremony, verification of the factum of death, and arrangements for attending the ceremony in police custody.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and allowed the appellant to attend the last rites ceremony in police custody for a specific duration.
Final Decision: The criminal interim appeal under Section 14-A(2) of SC/ST Act was dismissed, but the appellant was allowed to attend the last rites ceremony of his mother in police custody from 10:00 AM to 05:00 PM, with the Superintendent directed to make necessary arrangements.
JUDGMENT
Vijay Bishnoi, J. - By this criminal interim appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant seeking temporary bail for attending last rites ceremony of his mother scheduled to be held on 22.01.2021 as his mother died on 06.01.2021.
2. Pursuant to the direction given by this Court on 15.01.2021, learned Public Prosecutor has produced the factual report dated 15.01.2021, wherein the factum of death of mother of the appellant has been verified.
3. Learned counsel for the appellant has submitted that the mother of the appellant died on 06.01.2021 and her last rites ceremony is scheduled to be held on 22.01.2021, therefore, the appellant be allowed to attend the same in police custody.
4. Learned Public Prosecutor as well as learned counsel for the respondent No.2 have no objection if the appellant is allowed to attend the last rites ceremony of his mother scheduled to be held on 22.01.2021 in police custody.
5. Heard learned counsel for the parties and also perused the material on record.
6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appellant to attend the last rites ceremony of his mother scheduled to be held on 22.01.2021 in police custody from 10:00 AM to 05:00 PM.
7. Accordingly, this criminal interim appeal filed under Section 14-A(2) of SC/ST Act is dismissed, however, appellant - Nirdesh Bishnoi S/o Ajaypal Bishnoi is allowed to attend the last rites ceremony of his mother scheduled to be held on 22.01.2021 in police custody from 10:00 AM to 05:00 PM.
8. The Superintendent, District Jail, Hanumangarh is directed to make all necessary arrangements regarding attending last rites ceremony of the mother of the appellant scheduled to be held on 22.01.2021 in police custody from 10:00 AM to 05:00 PM
9. The appellant be lodged in District Jail, Hanumangarh on 22.01.2021 by 05:00 PM.
10. The factual report dated 15.01.2021 be taken on record.
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