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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Praveen – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal (Interim Bail) No. 291 of 2022
Decided On : 01-04-2022
Interim Bail - Scheduled Caste/Scheduled Tribe (Prevention of atrocities) - The court granted interim bail to the appellant, the only maternal uncle of his nieces, for a period of 7 days to attend the marriage ceremony, considering his essential presence in the mayra ceremony.
Fact of the Case:
The appellant filed a criminal appeal for interim bail to attend the marriage of his nieces, stating his essential presence in the mayra ceremony.
Finding of the Court:
The court found that the appellant's presence was essential in the mayra ceremony and granted him interim bail for a period from 10.04.2022 to 16.04.2022.
Issues: The issue was whether the appellant should be granted interim bail to attend the marriage ceremony despite facing allegations under Section 302 of IPC.
Ratio Decidendi: The court considered the essential presence of the appellant in the mayra ceremony and granted him interim bail, balancing the circumstances of the case.
Final Decision: The court allowed the criminal appeal and directed the appellant to be released on interim bail for a 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 nieces, namely, Monika and Sonu, which is going to be solemnized on 15.04.2022.
2. Learned counsel for the appellant submits that the marriage function of the appellant's nieces is scheduled to be taken place from 09.04.2022 to 16.04.2022 and the appellant is the only maternal uncle of his nieces and his presence is very much essential in the mayra ceremony. In these circumstances, the appellant may be granted interim bail for a period of 7 days.
3. Learned Public Prosecutor has verified the fact of marriage of appellant's nieces. However, learned Public Prosecutor and Dr.Sachin acharya, learned Senior advocate appearing for C.B.I. have opposed the prayer of the appellant since allegation against the present 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 complainant. Perused the material available on record.
5. Taking into consideration the fact that the appellant is the only maternal uncle of his nieces and his presence is essential in the mayra ceremony, I deem it just and proper to release the appellant on interim bail for a period from 10.04.2022 to 16.04.2022.
6. accordingly, the present criminal appeal (interim bail) is allowed and it is directed that the appellant Praveen S/o Baksha Ram shall be released on interim bail for a period from 10.04.2022 to 16.04.2022 in F.IR No.168/2015, P.S. Merta City, 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 on 16.04.2022.
7. Let this criminal appeal be listed on 22.04.2022, on which date, learned Public Prosecutor shall be required to submit the compliance of the order whether appellant has been surrendered or not.
The essential presence of the appellant in the mayra ceremony was a decisive factor in granting interim bail, balancing the allegations against him.
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 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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