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2022 Supreme(MP) 810

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Sunita Yadav, J.
Tappo @ Bhajanlal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 24051 of 2022
Decided On : 17-05-2022

Advocates Appeared:
Hemant Singh Rana, Advocate, Pavan Raghuvanshi, Advocate
Final Result : Allowed

Headnote:

Interim Bail - Marriage of Niece - The court granted interim bail for a temporary period of five days to the applicant to attend the wedding ceremony of his niece, subject to certain conditions.

Fact of the Case:

The applicant sought interim bail to attend the wedding ceremony of his niece after being arrested for an offence under Section 49-a of the M.P. Excise Act.

Finding of the Court:

The court allowed the prayer for grant of interim bail for a period of five days, considering the fact that the wedding ceremony of the niece was to be solemnized and the applicant's involvement in performing certain rituals due to the death of the bride's father.

Issues: Interim bail for attending family event, compliance with bail conditions, and scheduling of regular bail application.

Ratio Decidendi: The court balanced the applicant's request to attend a family event with the need to ensure compliance with bail conditions and scheduled a hearing for the regular bail application after the interim period.

Final Decision: The court granted interim bail for a temporary period of five days, subject to specified conditions, and directed the applicant to surrender before the trial court after the interim period.

JUDGMENT

Sunita Yadav, J. - Heard on I.a. No.7812/2022, an application for grant of interim bail for a period of one month on the ground of the marriage of applicant's niece.

applicant has been arrested on 01/05/2022 in connection with Crime No.94/2022 registered at Police Station antri, District Gwalior (M.P.) for offence under Section 49-a of the M.P. Excise act.

It is submitted by learned counsel for applicant that the wedding ceremony of the niece of applicant is going to be solemnized on 18/05/2022. The father of the bride namely, Vijay Singh has already died and some of the rituals are to be performed by the applicant, therefore, he prays for grant of interim bail for a period of one month.

On the other hand, learned counsel for the State has no objection to the prayer made by the applicant.

In the report received from the Police Station antari, District Gwalior (M.P.), the factum of marriage of the niece is to be solemnized on 18/05/2022 are found to be true. The said report is annexed with a Panchnama and certification of CMO, Nagar Parishad antri, District Gwalior (M.P.). The application is also supported by the wedding Card, therefore, in view of the circumstances of the case, the prayer for grant of interim bail for a period of Five days is allowed and it is hereby directed that the applicant shall be released on bail for a temporary period of Five days from today on his furnishing personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. The applicant shall surrender before the trial Court 21/05/2022 at 11:00 a.m. The intimation regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.

This order will remain operative subject to compliance of the following conditions by the applicant :

    1. The applicant will comply with all the terms and conditions of the bond executed by him;

    2. The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

    3. The applicant shall not commit an offence similar to the offence of which he/she is accused;

    4. The applicant will not move in the vicinity of complainant party.

    List the matter after summer vacation, 2022 for hearing on the regular bail application.

    Accordingly, I.a. No.7812/2022 stands closed.

    Acopy of this order be sent to the trial Court concerned for compliance.

    Certified copy today.

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