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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Sashikant Singh - Appellant
Versus
State of Uttarakhand - Respondent
Short Term Bail Application (IA) No. 1 of 2023 in First Bail Application No. 2808 of 2022
Decided On : 20-01-2023
Bail - Humanitarian Grounds - Short Term Bail
Fact of the Case:
The applicant sought short term bail due to the illness and subsequent death of his father, in order to join the cremation and perform post-death rituals.
Finding of the Court:
The Court, purely on humanitarian grounds, granted the applicant short term bail for a period of 15 days from the date of his release, upon executing a personal bond of Rs. 10,000.
Issues: The main issue was the grant of short term bail to the applicant on humanitarian grounds due to the death of his father.
Ratio Decidendi: The Court's decision was based on the humanitarian aspect of the situation, allowing the applicant to be released for a limited period to attend to the cremation and post-death rituals of his father.
Final Decision: The applicant was granted short term bail for 15 days from the date of his release, upon executing a personal bond of Rs. 10,000, with the direction to surrender before the court concerned after the expiry of 15 days.
JUDGMENT
Ravindra Maithani, J. - Applicant Sashikant Singh is in judicial custody in FIR No.289 of 2022, under Sections 420, 467, 468, 471, 34, 120-B IPC and Section 3, 4, 5, 9, 10 of the U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Raipur, District Dehradun.
2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.
3. The short term was sought on the ground of illness of the father of the applicant. The short term bail could not have been listed for hearing. Today morning, learned counsel for the applicant mentions this case, saying that, in fact, the father of the applicant has expired today at 11:15 A.M. It is submitted that now the applicant seeks short term bail, so as to join cremation of his father as well as to perform other post-death rituals.
4. Learned State counsel has not disputed this fact.
5. Without adverting further on any aspect of the matter, purely on the humanitarian ground, this Court is of the view that, the applicant may be granted short term bail for a period of 15 days from the date of his release.
6. Short term bail application is allowed.
7. The applicant shall be enlarged on short term bail only for a period of 15 days from the date of his release, on his executing a personal bond of Rs. 10,000/-. It is further directed that, on expiry of 15 days, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.
8. A copy of this order be sent today itself to the concerned jail as well as to the concerned court through e-mail. The incharge jail, where the applicant is confined, shall ensure that the applicant is released today, itself, so that he may be able to join the cremation of his father.
The Court can grant short term bail on humanitarian grounds in exceptional circumstances such as the death of a family member.
Courts may grant short term bail on humanitarian grounds to allow individuals in custody to attend important family rituals or events.
The court may grant short term bail based on the change of circumstances and the importance of the matter for which the bail is sought.
The court has the discretion to grant short term bail based on family circumstances.
The court considered the humanitarian ground and necessity in granting short term bail for attending a family event.
The court can grant short term bail on humanitarian grounds, considering the medical needs of the applicant despite being in custody under the Narcotic Drugs & Psychotropic Substances Act, 1985.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
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