SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Jhk) 772

IN THE HIGH COURT OF JHARKHAND AT RANCHI  
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA, JJ.
Prakash Tirkey, S/o Late Soma Tirkey - Appellant 
Versus
The State of Jharkhand - Respondent
Cr. Appeal (DB) No.1503 of 2023
Decided on : 04-03-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Kripa Shankar Nanda. Advocate
For the State : Mrs. Amrita Kumari, A.P.P.

Provisional bail may be granted for attending a wedding when the reason is genuine and the State does not object.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 389, 439 - Suspension of sentence - Interlocutory application filed for provisional suspension to attend the marriage ceremony of the appellant's younger brother - Application allowed; respondent-State had no objection, and appellant directed to surrender post-ceremony. (Paras 1-12)

(B) Bail - Conditions for granting provisional bail - Court permitted provisional bail upon furnishing a bond and two sureties with specific instructions regarding surrender date. (Para 11)

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 evident from the order dated03.03.2025.

4. Learned counsel for the State has submitted that she has got the instruction and the issue of marriage is said to be genuine.

5. This Court considering the submission made on behalf of the parties and based upon the statement made in the instant interlocutory application supported by the marriage card whereby it is being shown that the marriage is fixed on 6th March, 2025.

6. Learned Additional Public Prosecutor appearing for the respondent-State taking into consideration the ground for seeking suspension of sentence, provisionally, is fair enough to submit that she is having no objection.

7. This Court has heard the learned counsel for the parties and gone through the prayer made in the instant interlocutory application as also the copy of marriage card appended as Annexure-1 to the instant application.

8. Learned Additional Public Prosecutor appearing for the respondent-State is fair enough to submit taking into consideration the reason for suspension of sentence, provisionally, that she is having no objection. However, she has submitted that the present appellant may be directed to surrender forthwith after conclusion of the marriage ceremony which is scheduled to be held on 6th March, 2025.

9. This Court, considering the aforesaid fact as also the reason assigned in the instant interlocutory application, is of the view that the instant interlocutory application needs to be allowed.

10. Accordingly, interlocutory application being I.A. No.2508 of 2025 stands allowed.

11. In consequence thereof, the appellant, abovenamed, is directed to be released on provisional bail on furnishing 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-I, cum- Special Judge, Gumla, in connection with Sessions Trial Case No.294 of 2017, arising out of Gumla P.S. Case No.191 of 2017.

12. The appellant is directed to surrender before the learned trial Court on or before 10th March, 2025.

13. Let supplementary affidavit be filed by the appellant along with the surrender certificate on or before the next date of hearing.

14. Let this matter be listed on 17.03.2025.

15. Let a copy of this order be sent through fax to the concerned court immediately.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top