Interim bail may be granted to a prisoner in specific exigencies, such as the death of a close family member, to allow for the performance of last rites, based on the principle of providing temporary relief to prisoners.

Order

1. The petitioner has filed the present interim bail application seeking the following reliefs:-

“It is, therefore humbly and respectfully prayed that criminal misc. interim Bail application under section 483 BNS/439 CrPC of the petitioner may kindly be allowed and the accused/petitioner may kindly be enlarged on interim bail in FIR no. 374/2024 PS Sanchore for the offence under section 189(2), 140 (2), 308(4), 309 (6), 103(1), 238 (b), 61 (2) (A) BNS for 30 days. Any other order which this Hon'ble court deems fit just and proper in the fact and circumstances of the case may kindly be in the passed in favour of the petitioner”

2. Learned counsel for the petitioner submits that the petitioner’s father expired on 15.10.2025 and as per the last rites, the petitioner seeks interim bail for a period of 30 days.

3. Learned counsel for the petitioner submits that the petitioner deserves to be released on interim bail in view of the judgment of the Hon’ble Supreme Court rendered in Asfaq vs. State of Rajasthan , AIR 2017 SC 4986, the relevant extract of which reads as follows:-

“Such a release of the prisoner on parole can also be temporarily on some basic grounds. In that eventuality, it is to be treated as mere suspension of the sentence for time being, keeping the quantum of sentence intact. Release on parole is designed to afford some relief to the prisoners in certain specified exigencies. Such paroles are normally granted in certain situations some of which may be as follows:-

(i) a member of the prisoner's family has died or is seriously ill or the prisoner himself is seriously ill; or

(ii) the marriage of the prisoner himself, his son, daughter, grandson, grand daughter, brother, sister, sister's son or daughter is to be celebrated; or

(iii) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation of his land or his father's undivided land actually in possession of the prisoner; or

(iv) it is desirable to do so for any other sufficient cause;

(v) parole can be granted only after a portion of sentence is already served;

(vi) if conditions of parole are not abided by the parolee he may be returned to serve his sentence in prison, such conditions may be such as those of committing a new offence; and

(vii) parole may also be granted on the basis of aspects related to health of convict himself.”

4. Learned Public Prosecutor submitted a report dated 27.10.2025, wherein it is mentioned that the petitioner’s father expired on 15.10.2025 and by order dated 16.10.2025 of the learned Additional Sessions Judge, Sanchore, the accused-petitioner was permitted to attend the cremation under police escort and was thereafter returned to Sub-Jail, Sanchore. He, therefore, opposes the prayer made on behalf of the petitioner for interim bail.

5. Learned counsel for the complainant also vehemently opposes this interim bail application.

6. After hearing learned counsel for the parties and perusing the material available on record as well as the law laid down by the Hon’ble Apex Court in Asfaq (supra), this Court deems it appropriate to enlarge the petitioner on temporary/interim bail for a period of 15 (fifteen) days.

7. Accordingly, the interim bail application filed under Section 483 of BNSS (439 Cr.P.C.) is allowed and it is directed that petitioner Bhagirath Ram S/o Sawantaram, arrested in connection with F.I.R. No.374/2024 registered at Police Station Sanchore, District Sanchore, be released on interim bail for a period of 15 (fifteen) days, subject to the condition that he shall furnish a personal bond in a sum of Rs.3,00,000/- with two sound and solvent sureties in the sum of Rs.1,00,000/- (out of which one surety will be a close relative of