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2023 Supreme(MP) 517

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Sunita Yadav, J.
Brijmohan Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 5761 of 2023
Decided On : 06-02-2023

Advocates Appeared:
Brijendra Singh Gour, Advocate, Rohit Mishra, Advocate

The court balanced the genuine need of the applicant to attend the 13th Day Ceremony with the legal requirements for granting interim bail, ultimately allowing the bail for a limited period with specific conditions.

Headnote:

Interim Bail - Attendance at 13th Day Ceremony - The court allowed the interim bail for a period of seven days to the applicant to attend the 13th Day Ceremony occasioned due to the death of the applicant's father, subject to certain conditions.

Fact of the Case:

The applicant was seeking interim bail to attend the 13th Day Ceremony of his father who had passed away. The court granted the interim bail for a period of seven days with specific conditions.

Finding of the Court:

The court found that the 13th Day Ceremony of the applicant's father was verified and supported by evidence, and therefore allowed the interim bail for a temporary period of seven days.

Issues: The main issue was the grant of interim bail to the applicant for attending the 13th Day Ceremony of his deceased father.

Ratio Decidendi: The court considered the genuine need of the applicant to attend the 13th Day Ceremony and balanced it with the legal requirements for granting interim bail, ultimately allowing the bail for a limited period with specific conditions.

Final Decision: The court allowed the interim bail for a period of seven days to the applicant, subject to compliance with specified conditions, and listed the matter for hearing on the regular bail application on a later date.

JUDGMENT

Sunita Yadav, J. - Heard on I.A. No.2471/2023, an application for grant of interim bail for a period of one month on the ground to attend 13th day ceremony occasioned due to death of applicant's father.

2. Applicant has been arrested on 29/05/2018 in connection with Crime No.49/2018 registered at Police Station Barason, District Bhind (M.P.) for offence under Sections 302, 307, 147, 148, 149 & 323 of IPC.

3. It is submitted by learned counsel for applicant that the father of present applicant namely, Vidhyaram Sharma died on 25/01/2023 and the rituals of 13th Day Ceremony (Triyodashi) is going to be held on tomorrow i.e. 07/02/2023. The present applicant being a son has to perform certain rituals, therefore, he prays for grant of interim bail for a period of one month.

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

5. The factum of 13th Day Ceremony (Triyodashi) of the father of present applicant is verified by the State and the same is found to be true. The application is also supported by Triyodashi Card (Bhandara) , therefore, in view of the circumstances of the case, the prayer for grant of interim bail for a period of Seven days is allowed and it is hereby directed that the applicant shall be released on bail for a temporary period of Seven 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 13/02/2023 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.

6. 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.

7. List the matter on 16/02/2023 for hearing on the regular bail application.

8. Accordingly, I.A. No.2471/2023 stands closed.

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

10. Certified copy today.

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