The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.

JUDGMENT

1. Heard on I.A.No.3616/2023, an application for releasing the appellant on temporary bail on the ground of death of his father-Ramchandra Donawat.

2. The appellant has filed this 3rd temporary application under Section 389 of Cr.P.C. for grant of suspension of jail sentence in connection with Crime No.348/2014 registered in relation to the offences punishable under Sections 302, 323 (3 count) of the IPC sentencing him to undergo life imprisonment and three months RI with fine of Rs.5,000/-respectively with default stipulations.

3. Learned counsel for the appellant submits that the appellant has filed this application for grant of temporary bail on the ground of death of his father - Ramchandra Donawat.

4. Report of death of father of the appellant was submitted from the S.H.O., Police Station-Neelganga, Ujjain and the factum of death on 02/03/2023 of father of the appellant has been verified.

5. Taking into consideration the facts and circumstances of the case, I deem it appropriate to extend the benefit of interim bail to appellant for a period of Fifteen Days from the date of his release. The I.A. No.3616/2023, accordingly, stands allowed and it is directed that the appellant be released on interim bail for a period of Fifteen Days from the date of his release, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned CJM.

6. This order will remain operative for a period of Fifteen Days from the date of release of the appellant subject to compliance of the following conditions by the appellant:-

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

2. The appellant will co-operate in the investigation/trial, as the case may be;

3. The appellant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant will not seek unnecessary adjournments during the trial;

5. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

6. If the appellant commits any offence while being on bail, then this order shall automatically stand cancelled without reference to the Court. The appellant shall surrender before concerned CJM immediately on expiry of Fifteen Days from the date of his release for being committed to custody.

7. Let affidavit with regard to surrender of the appellant be filed immediately after expiry of Fifteen Days.

8. List this case in the week commencing 27/03/2023.

9. Certified copy as per rules.