Daanish Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 7049 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                   MCRC No. 18771 of 2023
                                       (DAANISH ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-05-2023
                                Shri Avnish Tiwari - Advocate for Applicant No.2 Vinay Chhavar.

                                Shri Mohammad Siddiqui - Panel Lawyer for the State.

                                Heard on I.A.No.9534/2023, which is an application filed on behalf
                         Applicant No.2 Vinay Chhavar S/o. seeking temporary bail on account of
                         marriage of his cousin sister scheduled to be held on 1.5.2023.

                                It is submitted by learned counsel for the applicant that the applicant has
                         no real sister. He has enclosed copy of marriage invitation card in this regard
                         showing that the marriage of Archana D/o Shri Ramdayal Badhel and
                         Smt.Siyapyari Badhel is going to be performed with Pawan Kumar S/o.Late
                         Shri Phool Chandra Saktel & Smt.Sita Bai and Late Shri Phool Bai on 1.5.2023.
                         Archana is daughter of his maternal uncle and, therefore, his presence is
                         necessary. It is shown that the name of applicant is mentioned on the marriage
                         invitation card under the heading of Darshnabhilashi and the name of the father
                         is also mentioned under the heading of Swagatakankshi. The State had visited

                         the house of the accused yesterday. However, this submission has no relevance
                         to the fact that it is the discretion of the Court to extend the benefit of bail or
                         not.
                                Learned counsel for the applicant submits that Ashish Mishra is a
                         renounced political figure, who is involved in murder of 8 person at Lakhimpur
                         Kheri but the Apex Court in S.L.P (Criminal) No.7857/2022 had given him the
                         benefit of interim bail for a period of two months and thereafter that interim
                         order has been extended by the Apex Court. This High Court in Criminal
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
5/2/2023

3:20:31 PM

Appeal No.2161/2016 (Raghuraj Golu versus State of Madhya Pradesh) and in Criminal Appeal No.2174/2022 (Ranjeet versus State of Madhya Pradesh) granted the benefit of suspension of sentence in case of the convicted persons to attend the marriage of their real sisters.

Archana is though not his real sister but had stayed with the applicant since childhood and he has special affection for his younger sister, therefore, when a dread criminal like Ashish Mishra can be extended the benefit of temporary bail by the Apex Court then this Court atleast can direct the authorities to take the applicant in police protection at State expenses to the place of wedding so that he may become witness of the ceremony. Applicant

being a brother is required to perform ceremony of Pair Pujai and, therefore, his presence is necessary. Under such circumstances, prayer is made to enlarge the applicant on temporary bail.

Learned Panel Lawyer for the State submits that no verification report was called for by the Court. However, he submits that the applicant is no real brother of bride Archana. She has not shown that which of the ceremonies are to be performed by him, which cannot be undertaken in his absence.

As far as the judgment of the Apex Court in Ashish Mishra (supra) is concerned, though the applicant has not produced that judgment but the Apex Court after rejecting the application on behalf of the Ashish Mishra had considered it on experimental basis as is mentioned in the order dated 23.1.2023. Similarly, in Raghuraj Golu (supra) and Ranjeet (supra), they were shown to be real brothers of their sisters, whose marriages were to be performed but in the present case, there are no such rituals in the Hindu Tradition. The ceremony of Kanyadan is performed by the parents and in case

Signature Not Verified of death of parents, it is to be performed either by his uncle-aunt or real brother. Signed by: AMIT JAIN Signing time:

5/2/2023 3:20:31 PM

Applicant has not shown that Archana is not having any real brother and in view of such fact that he has to perform the ceremony of Pair Pujai is not made out.

After hearing learned counsel for the parties and going through the material available on record, I am of the opinion that since the applicant has failed to show any circumstance for temporary bail by demonstrating that there are such compelling situations that in absence of the present applicant, the marriage ceremony cannot be performed of his cousin sister Archana with Pawan.

Accordingly, this application for temporary bail is rejected.

(VIVEK AGARWAL) JUDGE

amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

5/2/2023 3:20:31 PM