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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, JJ
Phool Kumar Paswan – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
1. The instant interlocutory application has been filed on behalf of appellant no.1, namely, Phool Kumar Paswan for suspension of sentence, provisionally, in order to participate in the last rites/rituals of his father-in-law.
2. Learned senior counsel appearing for the appellant has submitted that the present application has been filed on behalf of appellant no.1 for suspension of sentence, provisionally, so that, the appellant be allowed to release from the custody to participate in the last rites/rituals of his father-in-law.
3. It has been submitted that the wife of the present appellant is the only married daughter who has performed rituals at the cremation ghat. It has also been submitted that copy of card and the certificate issued by the Mukhiya have also been appended.
4. Learned Senior Counsel, based upon the aforesaid grounds, has submitted that only in order to have participation of the present appellant in the last rites/rituals which are to be performed from 04.03.2025 to 06.03.2025, the instant interlocutory application has been filed.
5. Learned Spl. P.P. appearing for the respondent-State as also the Informant on the ground of reason for seeking suspension of
Provisional bail may be granted for attending last rites, considering personal circumstances and lack of opposition from the prosecution.
Provisional bail may be granted for attending a wedding when the reason is genuine and the State does not object.
Provisional bail may be granted for valid familial commitments, as verified circumstances warrant consideration in the context of justice.
The court upheld the conviction under Section 304(B) IPC, emphasizing that the absence of new grounds and insufficient custody period do not justify suspension of sentence.
The court has the discretion to grant temporary bail for attending specific events, considering the totality of the facts and circumstances of the case.
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