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SUBODH ABHYANKAR
Harsh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - This is the second bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail on the ground of marriage of his sister Vaishali, whose marriage is to take place from 10.12.2022 to 14.12.2022.
2. Counsel for the applicant has submitted that the applicant's father has already died and there is no other male member in his family. Counsel has also drawn the attention of this Court to the invitation card in which also apart from the name of the present applicant Harsh Inchurakr, no name of other male member is mentioned.
3. Counsel for the respondent/State, on the other hand, has opposed the prayer. However, it is submitted that the invitation card has been verified and marriage of the sister of the applicant is to take place from 10.12.2022 to 14.12.2022.
4. On due consideration of submissions and on perusal of the documents filed on record and considering the fact that no other male member is available in the family of the applicant, this Court finds it expedient to allow the present application for temporary bail to the applicant to participate in the marriage of his sister.
5. Accordingly, without comm
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 purpose of bail is reformative, allowing participation in significant family events, and denial should not be punitive.
The presence of other competent family members to handle family obligations may be considered in deciding on applications for interim bail.
Courts may grant temporary bail for family commitments, balancing the need for release with ensuring compliance.
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