ORDER

This is the applicant’s repeat bail application filed under Section 439 of Cr.P.C. seeking temporary bail on accunt of ailment of his wife, who is suffering from liver cancer.

Counsel for the applicant has submitted that on earlier occasions also the applicant has already been granted temporary bail by this Court, and presently he is lodged in jail. Counsel has drawn attention of this Court to the certificate issued by the concerned doctor who is treating the wife of the applicant and has certified that she needs Chemotherapy and would be required one care taker. Counsel has further submitted that the applicant has not misused the liberty granted to him on earlier occasion. Thus, it is submitted that the applicant be released on bail temporarily for a further period of 45 days.

Counsel for the respondent/State has submitted that despite two opportunities the medical documents filed by the applicant could not be verified, however, it is not denied that on earlier occasions the applicant was granted bail and he has surrendered before the concerned trial court.

On due consideration of the submissions and on perusal of the documents filed on record regarding the ailment of the applicant's wife, this Court finds it expedient to allow the bail application temporarily for a further period of 45 days.

Accordingly, without expressing any opinion on the merits of the case, the present bail application is allowed temporarily for a period of 45 (forty five) days only.

It is directed that the applicant be released for a period of 45 days only from the date of his release subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the concerned JMFC / CJM with an undertaking that after expiry of 45 days' time, he will surrender before the concerned trial Court subject to condition that he will not influence the trial or give threat to any of the prosecution witnesses or complainant party during trial, failing which, appropriate steps will be taken by the concerned trial Court.

With the aforesaid, the M.Cr.C. stands disposed of. Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 4/12/2024 4:42:07 PM