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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Shyam Lal – Appellant
Versus
Union Of India & Ors. – Respondents
S.B. Criminal Appeal (Interim Bail) No. 404 of 2022
Decided On : 20-04-2022
Interim Bail - Scheduled Caste/Scheduled Tribe (Prevention of atrocities) - The court granted interim bail to the appellant to attend the marriage of his nephew and niece, considering the essential presence of the appellant in the marriage ceremony.
Fact of the Case:
The appellant filed a criminal appeal for interim bail to attend the marriage of his nephew and niece.
Finding of the Court:
The court allowed the appeal and granted interim bail for the specified period to the appellant.
Issues: The issue was whether the appellant should be granted interim bail to attend the marriage of his nephew and niece, despite facing allegations under Section 302 of IPC.
Ratio Decidendi: The court considered the fixed dates of the marriage and deemed it just and proper to release the appellant on interim bail for the specified period.
Final Decision: The court allowed the criminal appeal and directed the release of the appellant on interim bail for the specified period, subject to certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - The present criminal appeal (interim bail) under Section 14-a(2) of the Scheduled Caste/Scheduled Tribe (Prevention of atrocities), act has been filed by the appellant on the ground of marriage of his nephew and niece.
2. Learned counsel for the appellant submits that the marriage of nephew and niece of the petitioner is scheduled to be taken place on 01.05.2022 and 02.05.2022 respectively. In these circumstances, the presence of the appellant is very much essential in the marriage ceremony. It is prayed that the appellant may be granted interim bail for a period of 7 days.
3. Dr.Sachin acharya, learned Senior advocate appearing for C.B.I. and learned Public Prosecutor appearing for the State have opposed the prayer of the appellant since allegation against the appellant and other accused are for offence under Section 302 of IPC.
4. I have heard learned counsel for the appellant as well as learned Public Prosecutor and learned counsel for the CBI. Perused the material available on record.
5. Taking into consideration the fact that marriage of petitioner's nephew and niece are fixed for 01.05.2022 and 02.05.2022, I deem it just and proper to release the appellant on interim bail for a period from 01.05.2022 to 03.05.2022.
6. accordingly, the present criminal appeal (interim bail) is allowed and it is directed that the appellant Shyam Lal S/o Sh. Sohan Lal @ Sohan Ram shall be released on interim bail for a period from 01.05.2022 to 03.05.2022. in F.IR No.168/2015, P.S. Merta City, Distt. Nagaur provided he furnishes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties in the sum of Rs.1,00,000/- each to the satisfaction of learned trial court for his surrender before the concerned Jail on 03.05.2022 at 5:00 PM.
7. Let this criminal appeal be listed on 06.05.2022, on which date, learned Public Prosecutor shall be required to submit the compliance of the order whether appellant has been surrendered or not.
The court has the discretion to grant interim bail based on the specific circumstances, such as the essential presence of the appellant in a significant family event.
The essential presence of the appellant in the mayra ceremony was a decisive factor in granting interim bail, balancing the allegations against him.
The seriousness of the allegation against the appellant and the availability of other family members to attend the marriage were key factors influencing the court's decision to dismiss the appeal for....
The court balanced the essential nature of the appellant's presence at a family function with the seriousness of the allegations against him in granting interim bail for a limited period with specifi....
The presence of other competent family members to handle family obligations may be considered in deciding on applications for interim bail.
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