Mahendra Singh vs State Of Rajasthan
2021 Latest Caselaw 9644 Raj

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.

(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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