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VIJAY KUMAR SHUKLA
Raju – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - Shri abhay Saraswat, learned counsel for the applicant.
Shri Mukesh Sharma, learned counsel for the respondent/State.
Shri NJ Dave, learned counsel for the Objector.
This is first application for temporary bail under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.65/2020 registered at Police Station Rajod, Dist. Dhar (M.P.) under Sections 302 , 307, 147, 148, 149, 323 of IPC and S. 25-B of ARMS ACT on the ground of death of mother of applicants namely-Chandabai.
It is stated that trial court had permitted the applicants to attend the funeral of the mother in police custody. It is submitted that last rites of their mother are to be performed tomorrow, therefore the applicants be released on temporary bail for attending the same.
Considering the order of the trial court that the factum of death and Shok Patrika, it is established that mother of applicants-Chandabai has died on 25.1.2022, I am of the view that applicants are entitled for grant of temporary bail to attend the last rites of their mother till 14.02.2022.
Consequently, it is directed that the applicants be released on bail temporarily till 14.2.2022 on fu
The court has the discretion to grant temporary bail in compassionate grounds such as the need to perform last rituals for a deceased family member, subject to verification by the trial court.
The Court granted temporary bail for a specified period due to the applicant's personal circumstances, conditioned on adherence to legal requirements.
The judgment establishes the importance of sec. 21 of the MCOC Act, 1999 in restricting the grant of bail, while also recognizing the humanitarian considerations in certain cases.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.
Point of law : personal knowledge of the advocate of the applicant is being narrated in the affidavit to suggest the same to be the personal knowledge of the applicant.
Point of Law- Criminal assault - Grant of temporary bail of 90 days - Unlawful assembly - Bail petition of others accused got rejected - Temporary bail granted to look after his family, the prayer fo....
The court has the discretion to grant temporary bail for attending specific events, considering the totality of the facts and circumstances of the case.
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