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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manindra Mohan Shrivastava, Madan Gopal Vyas, JJ.
Ratna – Appellant
Versus
State Of Rajasthan – Respondent
Application (Appeal) No. 311 of 2022 and D.B. Criminal Appeal No. 331 of 2019
Decided On : 20-04-2022
Temporary Bail - Family Commitment - The court granted temporary bail to the appellant to attend his daughter's wedding, emphasizing the importance of family commitments and allowing temporary release for a specific period.
Fact of the Case:
The appellant filed for temporary bail to attend his daughter's wedding, citing the necessity of his presence for the marriage ceremonies.
Finding of the Court:
The court granted the temporary bail, considering the significance of the appellant's presence at his daughter's wedding and imposed conditions for the temporary release.
Issues: Temporary bail for family commitment
Ratio Decidendi: The court balanced the appellant's family commitment with the need for temporary release, imposing conditions to ensure compliance with the temporary bail.
Final Decision: The appellant was granted temporary bail for 15 days to attend his daughter's wedding, with conditions for surrendering after the specified period.
ORDER
1. Heard.
2. This application for grant of temporary bail has been filed on the ground that the appellant's daughter namely, Ramila is getting married on 28.04.2022 and the presence of the appellant is necessary to perform Kanyadan and other ceremonies in the marriage.
3. Upon verification, learned Public Prosecutor for the State would submit that the ground, upon which the present temporary bail application has been filed, has been verified and it is found that the appellant's daughter is getting married on 28.04.2022.
4. Taking into consideration the ground, on which the temporary bail is sought, we are inclined to allow the application to the extent that the appellant shall be released on temporary bail upon furnishing a personal bond of Rs.25,000/- along with two local sureties in the like amount to the satisfaction of the Trial Court. The appellant shall be released on temporary bail for a period of 15 days from the date of release. Immediately after completion of 15 days, the appellant shall surrender before the Trial Court and he shall be sent back to jail for serving out the remaining period of sentence.
5. List the appeal on 20.05.2022.
Courts may grant temporary bail for family commitments, balancing the need for release with ensuring compliance.
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.
The essential presence of the mother in the marriage of her daughter for granting temporary bail.
The Court granted temporary bail for a specified period due to the applicant's personal circumstances, conditioned on adherence to legal requirements.
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