IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA, JJ.
Pankaj Bhuian S/o Indradev Bhuian - Appellant
Versus
State of Jharkhand - Respondent
Cr. Appeal (DB) No. 654 of 2024
Decided On : 18-03-2025
| Table of Content |
|---|
| 1. interlocutory application for provisional bail (Para 1 , 2) |
| 2. verification of marriage event by state counsel (Para 3 , 4 , 5) |
| 3. facts surrounding the marriage confirmed (Para 6 , 7) |
| 4. decision to allow provisional bail (Para 8 , 9 , 10 , 11) |
| 5. administrative instructions for future proceedings (Para 12 , 13 , 14) |
JUDGMENT :
IA No. 3379 of 2025:
1. The instant interlocutory application has been filed on behalf of the appellant No. 3, namely, Kanhai Bhuian for provisionally suspending the sentence by passing order during pendency of the appeal.
2. Such prayer has been made on the ground of participating in the marriage of her daughter which has to be solemnized on 21st March, 2025 and the card is being appended thereto.
3. The matter was taken up in the Pre-lunch Session and Mr. Shailesh Kumar Sinha, learned counsel appearing for the State has sought for time so as to seek instruction with respect to the genesis of the issue of marriage and the matter was decided to be heard in the Post-lunch Session.
4. In the Post-lunch Session, the learned Additional Public Prosecutor appearing for the State has produced the document, under the signature of Officer-in-Charge, Manatu Police Station, Palamau, dated 18th March, 2025 along with the photocopy of the card of the marriage.
5. The learned counsel appearing for the State, based upon the aforesaid communication, has submitted that the fact about the solemnization of the marriage which is to be scheduled on 21st March, 2025 has been verified and reported to be genuine.
6. This Court has heard the learned counsel appearing for both the parties and gone through the statement made in the interlocutory application which bears the reason for provisionally suspending the sentence, i.e., to participate in the marriage of his daughter which is scheduled on 21st March, 2025 as also the report being produced by the learned State counsel.
7. The content of the said report, i.e., the issue of marriage of the daughter of the appellant no. 3 has not been disputed.
8. Considering the aforesaid fact, the instant interlocutory application is being allowed.
9. Accordingly, the interlocutory application, being IA No. 3379 of 2025 stands allowed.
10. In consequence thereof, the appellant no. 3, namely, Kanhai Bhuian is directed to be released on provisional bail on furnishing the bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Palamau in connection with S.T. No. 51 of 2017 arising out of Manatu P.S. Case No. 30 of 2016 corresponding to G.R. Case No. 1591 of 2016.
11. The appellant is directed to surrender before the learned trial Court on or before 2nd April, 2025.
12. Let this matter be listed on 7th April, 2025 so that the supplementary affidavit be filed by the appellant along with the surrender certificate.
13. Let the copy of the communication dated 18th March, 2025 be kept on record.
14. Let a copy of this order be sent through fax to the concerned court immediately.
Provisional bail may be granted for valid familial commitments, as verified circumstances warrant consideration in the context of justice.
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 attending last rites, considering personal circumstances and lack of opposition from the prosecution.
The court balanced the right to attend a family event with the concern of potential absconding, ultimately allowing attendance at the wedding for one day in police custody.
The essential presence of the mother in the marriage of her daughter for granting temporary bail.
The verified fact of an upcoming marriage and the essential presence of the appellant for the customary rites and rituals can be grounds for temporary suspension of sentences under Section 389 CrPC.
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