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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Sadda Banjara – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 3123 of 2023
Decided On : 17-01-2023
Temporary Bail - Death of Father - The court granted temporary bail to the applicant for a period of ten days to perform the last rituals of his deceased father, subject to verification of the death by the trial court.
Fact of the Case:
The applicant filed an application for temporary bail in connection with a criminal case due to the death of his father, stating that he needed to perform the last rituals.
Finding of the Court:
The court granted temporary bail to the applicant for a period of ten days, subject to verification of the death of the father by the trial court. The court also directed the applicant to surrender immediately after the expiration of the ten days.
Issues: Temporary bail due to death of father, verification of death by trial court, compliance with COVID-19 precautions.
Ratio Decidendi: The court considered the death certificate and affidavit submitted by the applicant, and also took into account the need for the applicant to perform the last rituals of his deceased father. The court balanced the applicant's need for temporary bail with the requirement for verification by the trial court and compliance with COVID-19 precautions.
Final Decision: The court granted temporary bail to the applicant for a period of ten days, subject to verification of the death of the father by the trial court, and directed the applicant to surrender immediately after the expiration of the ten days.
JUDGMENT
Vijay Kumar Shukla, J. - This is fourth application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.126/2020 registered at Police Station - Malhargarh, District Mandsaur (M.P.) under Section 376 of the IPC on the ground of death of father of the applicant.
2. Alongwith the application, a death certificate of father of the applicant Bagga Gaur R/o Bhainsakheda, Malhargarh, Mandsaur has been enclosed.
3. It is submitted that the last rituals are to be performed from 18.01.2023 to 22.01.2023. The applicant being only son of the deceased has to perform the rituals. The application is supported by the affidavit of one relative Member Gond.
4. Learned counsel for the respondent/state submits that the applicant may be directed to be released subject to verification of the death of father of the applicant by the trial Court.
5. After hearing learned counsel for the parties and taking into consideration the death certificate and affidavit enclosed alongwith the application, this court is of the view that the applicant is granted temporary bail for a period of ten (10) days from the date of release. The applicant shall be released subject to verification of the factum of death of father of the applicant by trial Court. The applicant shall surrender immediately after expiration of ten days from the date of release.
6. It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.
7. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence.
8. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.
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 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 absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The discrepancy in the recorded date of birth of the prosecutrix and the totality of facts influenced the court's decision to grant bail to the applicant.
The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The court considered the prolonged pre-trial incarceration, delay in trial, and the health condition of the applicant as grounds for granting bail, while also taking into account the non-cooperation ....
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
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