Mahendra Singh vs State Of Rajasthan

Citation : 2021 Latest Caselaw 9644 Raj
Judgement Date : 1 June, 2021

Rajasthan High Court - Jodhpur
Mahendra Singh vs State Of Rajasthan on 1 June, 2021
Bench: Manoj Kumar Judge)

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Interim Bail Application No. 7182/2021 Mahendra Singh S/o Shri Amar Singh, Aged About 50 Years, resident of Padampura, At Present Kisan Factory, Rawatsar, Tehsil Rawatsar, District Hanumangarh. (At Present Lodged In Central Jail Ajmer).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent For Petitioner(s) : Mr. Sunil Kumar Mehta, through V.C. For Respondent(s) : Mr. Farzand Ali, AAG, with Mr. Sudhir Tak, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE) Judgment / Order 01/06/2021 Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR No.483/2018, Police Station Rawatsar, District Hanumangarh, for the offences punishable under Section 302, 120-B of IPC. He has preferred this interim bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the father of the petitioner expired on 26.05.2021. It is also submitted that as per Hindu Rites and Customs, the presence of son/petitioner is very much essential to perform last rites of his father. Therefore, petitioner may be released on interim bail of fifteen days to perform last rites of his deceased father. (Downloaded on 01/06/2021 at 08:28:26 PM)

(2 of 2) [CRLMB-7182/2021] Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant interim bail to the accused petitioner under Section 439 Cr.P.C. for a period fifteen days to attend last rites of his deceased father's.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mahendra Singh S/o Shri Amar Singh (now deceased) be allowed to attend his deceased father's last rites and he may be released on interim bail of fifteen days from the date of his actual release provided he executes a personal bond in the sum of Rs. 4,00,000/- with two sureties of Rs. 2,00,000/- each (out of which one surety should be close relative of the petitioner) to the satisfaction of the learned trial court. The Superintendent of Central Jail, Ajmer, shall give the date of surrender to the petitioner as per the date on which he is released from custody. If the petitioner does not surrender himself on the given date, the Superintendent of Jail, Ajmer shall inform this Court regarding this fact immediately.

(MANOJ KUMAR GARG), VJ 77-Prashant/-

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