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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Amritpal Singh - Appellant
Versus
State of Uttarakhand - Respondent
Short Term Bail Application (IA) No. 2 of 2022 in First Bail Application No. 2624 of 2022
Decided On : 02-12-2022
Short Term Bail - Post-Death Rituals - The court granted short term bail to the applicant to attend his mother's post-death rituals purely on humanitarian grounds.
Fact of the Case:
The applicant sought short term bail to attend his mother's post-death rituals after being in judicial custody under specific criminal charges.
Finding of the Court:
The court found that the applicant's mother had passed away, and the post-death rituals were scheduled during the applicant's custody period. Considering humanitarian grounds, the court granted the applicant short term bail for seven days to attend the rituals.
Issues: The main issue was whether the applicant should be granted short term bail to attend his mother's post-death rituals while in judicial custody.
Ratio Decidendi: The court's decision was based on the humanitarian grounds and the scheduling of the post-death rituals during the applicant's custody period.
Final Decision: The court allowed the short term bail application, granting the applicant seven days of bail to attend the post-death rituals, with the requirement of surrendering after the specified period.
JUDGMENT
Ravindra Maithani, J. - Applicant Amritpal Singh is in judicial custody in FIR No.414 of 2022, under Section 363 IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sitarganj, District Udham Singh Nagar. He has sought short term bail on the ground of attending his mother's post-death rituals.
2. Heard learned counsel for the parties and perused the record.
3. According to the applicant, his mother expired on 28.11.2022. The post death rituals are scheduled from 07.12.2022 to 13.12.2022.
4. Since the post death rituals are scheduled from 07.12.2022 to 13.02.2022, purely on the humanitarian ground, this Court is of the view that to attend the post death rituals, the applicant may be granted short term bail for a period of seven days from the date of his release.
5. Short term bail application is allowed.
6. Accordingly, the applicant shall be enlarged on short term bail only for a period of seven days from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. It is further directed that, on expiry of seven days, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.
7. List the regular bail application on the date fixed.
Courts may grant short term bail on humanitarian grounds to allow individuals in custody to attend important family rituals or events.
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 grounds and the specific circumstances of the accused in granting interim bail.
The Court granted temporary bail for a specified period due to the applicant's personal circumstances, conditioned on adherence to legal requirements.
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.
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