The court has the discretion to grant interim bail under Section 439 of Cr.P.C. based on the totality of the facts and circumstances of the case.

Headnote:
Interim Bail - Criminal Law - The court granted interim bail to the petitioner under Section 439 of Cr.P.C for a period of 7 days from the date of his actual release, subject to certain conditions.
Fact of the Case:

The petitioner was arrested in connection with an offense under Section 227 of IPC and filed an interim bail application under Section 439 of Cr.P.C.
Finding of the Court:

The court found it just and proper to grant interim bail to the petitioner for a period of 7 days from the date of his actual release, with specified conditions.
Issues: Interim bail application under Section 439 of Cr.P.C.
Ratio Decidendi: Having regard to the totality of the facts and circumstances of the case, the court deemed it just and proper to grant interim bail to the petitioner.
Final Decision: The interim bail application filed under Section 439 of Cr.P.C. was allowed, and the petitioner was directed to be released on interim bail for a period of 7 days from the date of his actual release, subject to specified conditions.

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The petitioner has been arrested in connection with F.I.R. No.329/2009, Police Station Kotwali, District Sriganganagar for the offence punishable under Section 227 of IPC. He has preferred this interim bail application under Section 439 of Cr.P.C.

3. Heard learned counsel for the parties. Perused the material on record.

4. Having regard to the totality of the facts and circumstances of the case, this Court deems it just and proper to grant interim bail to the petitioner under Section 439 of Cr.P.C. for a period of 7 days from the date of his actual release.

5. accordingly, the interim bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner - Siyoprakash @ Sukhdev Singh S/o Sh. Siyokaran shall be released on interim bail for a period of 7 days from the date of his actual release, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees: One Lac Only) along with two sureties of Rs. 1,00,000/- (Rupees: One Lac Only) (out of which one of the surety will be of a close family member) each to the satisfaction of the concerned Jail Superintendent on usual conditions. He shall surrender back before the concerned Jail Superintendent after completion of 7 days from the date of his release. The concerned Superintendent Jail shall give a date of his surrender.

6. Let this bail application be again listed on 20.01.2022, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall submit the compliance of this order.

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