LAWS(MPH)-2023-10-76

MUKESH Vs. STATE OF MADHYA PRADESH

Decided On October 25, 2023
MUKESH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) They are heard. Perused the case-diary. This is third bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of death of his grandmother, who has passed away on 15/10/2023, copy of the death certificate is also placed on record. Counsel for the applicant has submitted that the applicant's presence to perform the last rites of his grandmother would be necessary. Counsel for the respondent has opposed the prayer and it is submitted that the applicant's earlier bail applications have already been dismissed.

(2.) On considering the documents filed on record including the death certificate of the grandmother of the applicant issued by the concerned authority, this Court finds it expedient to allow the application temporarily for a period of two weeks. Accordingly, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of two weeks only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000.00 (Rupees Twenty Five thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

(3.) It is also directed that applicant shall surrender before the Trial Court immediately after expiry of two weeks; failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court. The M.Cr.C. stands disposed of. Certified copy as per rules.