Harsh vs State of Madhya Pradesh - 2022 Supreme(MP) 1357

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1357

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Harsh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57803 of 2022
Decided On : 07-12-2022

Advocates Appeared:
Nilesh Manore, Advocate, Mukesh Kumawat, Advocate
Final Result : Allowed

Headnote:
Temporary Bail - Marriage of Sister - The court allowed the applicant's temporary bail application to participate in his sister's marriage due to the absence of any other male member in the family.
Fact of the Case:

The applicant filed a bail application citing his sister's upcoming marriage and the absence of any other male member in the family.
Finding of the Court:

The court granted the temporary bail application, directing the applicant to participate in his sister's marriage for a period of ten days, subject to certain conditions.
Issues: The main issue was whether the applicant should be granted temporary bail to attend his sister's marriage.
Ratio Decidendi: The court considered the absence of any other male member in the family and the upcoming marriage of the applicant's sister as grounds to grant the temporary bail.
Final Decision: The court allowed the temporary bail application and directed the applicant to participate in his sister's marriage for a period of ten days, subject to specified conditions.

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 commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of ten days from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he shall surrender before the trial Court immediately after expiry of the aforesaid ten days time time from the date of his release, failing which he shall be arrested by the police and be put to face the trial in accordance with law.

6. It is also observed that if the applicant is found to be involved in any of the criminal activities, after his release on bail, then the learned judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court.

7. Application stands allowed.

8. A copy of this order be sent to the Court concerned for compliance.

9. Certified copy as per rules.

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