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MANOJ KUMAR GARG
Pema Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present criminal appeal (interim bail) under Section 14-A(1) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities), Act has been filed by the appellant on the ground of engagement of appellant’s daughter.
2. Learned counsel for the appellant submits that engagement of appellant’s daughter has been fixed on 07.12.2022 and being a father, presence of appellant is very much essential. 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 have opposed the prayer of the appellant, since allegation against the appellant is 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 engagement of appellant’s daughter has been fixed on 07.12.2022 and appellant’s presence is very much essential to perform his daughter’s function, I deem it ju
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 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 court established that the grant of interim bail must consider the applicant's criminal history and the potential risk to public safety, even in light of personal hardships.
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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