IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Mukesh Sharma - Appellant
Versus
State of Uttarakhand - Respondent
Bail Application No. 288 of 2023, Short Term Bail Application (IA No. 01 of 2023)
Decided On : 06-02-2023
Bail - Short Term Bail - The court allowed the short term bail application for a period of one week with specific conditions, considering the circumstances of the case.
Fact of the Case:
The applicant sought short term bail due to the death of his father and the need to perform post cremation rituals.
Finding of the Court:
The court allowed the short term bail application for a period of one week with specific conditions.
Issues: Short term bail application due to family circumstances.
Ratio Decidendi: The court considered the family circumstances and allowed short term bail with specific conditions.
Final Decision: The Short Term Bail Application (IA No. 01 of 2023) is disposed of accordingly.
JUDGMENT
Alok Kumar Verma, J. - Mr. Kaushal Sah Jagati and Mr. Bharat Chaudhary, learned counsel for the applicant. Mr. Lalit Sharma, learned counsel for the State through video conferencing.
2. Heard on the First Bail Application as well as on the Short Term Bail Application.
3. Mr. Lalit Sharma, learned counsel for the State, requested three weeks' time to file objection to the First Bail Application.
4. List this case on 01.03.2023 for arguments on First Bail Application.
5. Mr. Kaushal Sah Jagati, learned counsel for the applicant, submitted that Late Sureshanand Sharma, the father of the present applicant, has died on 28.01.2023. Post cremation rituals including Terahvi are still required to be performed by the hands of the applicant.
6. Mr. Lalit Sharma, learned counsel for the State, submitted that one week's time will be appropriate for short term bail.
7. Considering the facts and circumstances of the present matter, the short term bail application is allowed for a period of one week from the date of the release of the applicant with the following conditions:-
(i) The applicant be released on short term bail for a period of one week from the date of his release on furnishing a personal bond Rs. 30,000/- with two reliable sureties, each in the like amount to the satisfaction of the court concerned.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
(iii) The applicant shall surrender at once before the court concerned on expiry of the short term bail, who will remand him to judicial custody.
8. The Short Term Bail Application (IA No. 01 of 2023) is disposed of accordingly.
9. Let a certified copy of this order be supplied, today itself, to the learned counsel for the applicant, on payment of usual charges.
The court has the discretion to grant short term bail based on family circumstances.
Courts may grant short-term bail for specific compassionate reasons, such as medical emergencies within the accused's family.
The Court can grant short term bail on humanitarian grounds in exceptional circumstances such as the death of a family member.
The court considered the humanitarian ground and necessity in granting short term bail for attending a family event.
The court granted short term bail for a family event, emphasizing the need for peace and compliance with conditions during the bail period.
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