RAVINDRA MAITHANI
Shiv Pal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicants Shiv Pal and Arjun are in judicial custody in FIR No.826 of 2020, under Sections 302, 307, 504, 506 and 34 IPC, Police Station Kotwali Laksar, District Haridwar. They have sought short term bail on the ground of marriage of their sister.
2. Heard learned counsel for the parties and perused the record.
3. Learned counsel for the applicants would submit that applicants' father has died. Both the applicants are real brothers. Their presence at the time of marriage of their sister is necessary. It is submitted that applicant Shiv Pal, being the elder brother, may require little longer time with regard to the marriage, whereas, the applicant Arjun may be granted short term bail for a shorter period.
4. Learned State Counsel would submit that the reports with regard to both the applicants, as per instructions, are satisfactory.
5. Since the marriage is on 09.12.2022, having considered, purely on the humanitarian ground, this Court is of the view that to attend the marriage of their sister, the applicant Shiv Pal may be granted short term bail for a period of seven days from the date of his release. Whereas, applicant Arjun may be granted short term
Short term bail can be granted in a given case.
The necessity of the applicant-accused's presence to perform necessary rituals in his sister's marriage ceremony was the key legal principle influencing the court's decision to grant temporary bail.
The essential presence of the mother in the marriage of her daughter for granting temporary bail.
The court granted short term bail for a family event, emphasizing the need for peace and compliance with conditions during the bail period.
Courts may grant short term bail on humanitarian grounds to allow individuals in custody to attend important family rituals or events.
The court considered the familial obligations and previous grant of bail as significant factors in granting the interim bail for attending the sister's marriage.
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