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2022 Supreme(UK) 452
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Shiv Pal & Ors. - Appellants
Versus
State of Uttarakhand - Respondent
Short Term Bail Application (IA) No. 3 of 2022 in First Bail Application No. 1577 of 2021, Short Term Bail Application (IA) No. 4 of 2022 in First Bail Application No. 1594 of 2021
Decided On : 02-12-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
Headnote
Short Term Bail - Attendance at Sister's Marriage - The court granted short term bail to the applicants, Shiv Pal and Arjun, to attend their sister's marriage, considering the humanitarian ground.
Fact of the Case:
Applicants Shiv Pal and Arjun sought short term bail to attend the marriage of their sister, citing the necessity of their presence due to the death of their father.
Finding of the Court:
The court granted short term bail to Shiv Pal for seven days and to Arjun for three days to attend their sister's marriage, purely on humanitarian grounds.
Issues: The main issue was the necessity of the applicants' presence at their sister's marriage due to the death of their father.
Ratio Decidendi: The court considered the humanitarian ground and the necessity of the applicants' presence at the marriage in granting the short term bail.
Final Decision: Short term bail applications were allowed, and the applicants were granted bail for the specified periods to attend their sister's marriage, with additional conditions to comply with.
Vinod Kumar, Advocate, V.S. Rathore, Advocate
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 bail for a period of three days from the date of his release.
6. Short term bail applications are allowed.
7. Accordingly, the applicant Shiv Pal shall be enlarged on short term bail for a period of seven days from the date of his release and applicant Arjun shall be released on short term bail for a period of three days from the date of his release, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Court concerned. It is further directed that, on expiry of the period of short term bail granted to the applicants, the applicants shall surrender before the court concerned and intimation to this effect shall also be given to this Court.
8. In addition to it, the applicants shall also comply with the following conditions:-
(i) The applicants shall not approach any witness/victim, or the members of the family of the victim, in any manner, whatsoever.
(iii) The applicants shall deposit their passports, if any, in the court. In case the applicants do not have passport, they shall give an undertaking to that effect.
