Rajasthan High Court - Jodhpur
Natthu Ram @ Nattha Ram vs State Of Rajasthan on 10 May, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
(1 of 3) [Misc. Application 127/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
D.B. Criminal Misc. Application No. 127/2021.
IN
D.B. Criminal Appeal No. 45/2015.
Natthu Ram alias Nattha Ram, aged about 44 years, S/o Shri
Bhanwar Lal, B/c Harijan, R/o Harijan Basti, Jaitrania Gate, Sojat
City, Tehsil Sojat and District Pali (Raj.)
(At present lodged in Central Jail, Jodhpur).
----Appellant (Applicant)
Versus
State of Rajasthan through the learned Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Narpat Singh through VC.
For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG with
Mr. Abhishek Purohit.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
[THROUGH VIDEO CONFERENCING]
Order
10/05/2021
The instant criminal application has been filed on behalf of
the accused-appellant Natthu Ram alias Nattha Ram on the
ground that the son of the accused-appellant, namely, Kailash,
aged 22 years has unfortunately died in Mathura Das Mathur
(MDM) Hospital, Jodhpur on 08.05.2021; that the mother of the
deceased Kailash, i.e., the wife of the accused-appellant had
already died in the year 2014; that for participation in the funeral
of his son, the accused-appellant may kindly be allowed, in police
(2 of 3) [Misc. Application 127/2021]
custody, which is scheduled to be performed at 11:00 AM and
onwards yesterday, i.e., 09.05.2021. In these circumstances,
order for constitution of the Bench was passed by Hon'ble the
Chief Justice but unfortunately, the matter could not be heard
before 11:00 AM and it was fixed for today, i.e., 10.05.2021.
Learned counsel for the applicant-appellant arguing through
video conferencing stated that although initially the application
was filed by the applicant-appellant for participation in the funeral
of his son but since the accused-applicant is only the adult,
responsible member in the family and as his young son has
expired, therefore, on humanitarian grounds and consideration,
the accused-applicant may kindly be released on interim bail for a
period of 15 days so that he can perform the necessary rituals of
deceased Kailash and take part in condolence.
Learned Government Advocate-cum-Additional Advocate
General Mr. Farzand Ali associated by Mr. Abhishek Purohit appears
on behalf of the State of Rajasthan stated that appropriate orders
may kindly be passed and Superintendent, Central Jail, Jodhpur
may kindly be directed properly.
Having regard to the facts and circumstances of this case, as
mentioned hereinabove and the grounds, as mentioned in the
instant application and at the oral request as made by the learned
counsel for the applicant-appellant, on humanitarian
consideration, we deem it just and proper to grant interim bail to
the accused-applicant for a period of 15 days from the date of his
actual release from the prison.
(3 of 3) [Misc. Application 127/2021]
Accordingly, the application for interim bail is allowed and it
is ordered that the accused-applicant Natthu Ram @ Nattha Ram
S/o Bhanwar Lal, presently lodged at Central Jail, Jodhpur and
undergoing the sentence awarded vide judgment dated
15.11.2014 passed by the learned Additional Sessions Judge,
Sojat (District Pali) in Sessions Case No. 05/2014, shall be
enlarged on interim bail for a period of 15 days from the date of
his actual release provided he furnishes a personal bond in the
sum of Rs. 50,000/- along with one surety in the sum of
Rs.50,000/- to the satisfaction of the Superintendent, Central Jail,
Jodhpur. The Superintendent, Central Jail, Jodhpur shall provide
date to surrender the accused-applicant Natthu Ram @ Nattha
Ram S/o Bhanwar Lal into prison with reference to the date of his
actual release from prison.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
Mohan/-
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