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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Prakash Tirkey, S/o Late Soma Tirkey – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. interlocutory application for provisional bail due to family event. (Para 1 , 2) |
| 2. court's consideration of submissions regarding bail application. (Para 3 , 7 , 9) |
| 3. no objection from the state for provisional bail under genuine circumstances. (Para 4 , 6) |
| 4. court considers fair objections and grants temporary relief (Para 5 , 8) |
| 5. interlocutory application allowed; conditions for provisional bail set. (Para 10 , 11 , 12) |
| 6. further procedural orders and scheduling. (Para 13 , 14 , 15) |
JUDGMENT :
I.A. No.2508 of 2025
1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence, provisionally, in order to participate in the marriage ceremony of his younger brother.
2. Learned counsel appearing for the appellant has submitted that the present application has been filed on behalf of appellant for suspension of sentence, provisionally, so that, the appellant be allowed to release from the custody to participate in the marriage ceremony of his younger brother.
3. This matter was taken up on 03.03.2025, but the learned Additional Public Prosecutor appearing for the State had sought for adjournment to seek instruction, as would ev
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.
Provisional bail may be granted for attending last rites, considering personal circumstances and lack of opposition from the prosecution.
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.
Temporary suspension of sentence granted to allow the petitioner to attend his brother's marriage, balancing personal obligations against the seriousness of the charges.
Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.
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