SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case-diary. This is the first bail application filed by applicant under Sec. 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of death of his son, who has passed away on 5/4/2023 at 3.50 a.m. Counsel for the applicant has submitted that although the application is filed for regular bail but, presently he is seeking to participate his son's last rites. Original copy of the letter regarding the death of the applicant's son issued by the M.Y. Hospital is also placed on record.

(2.) Counsel appearing for the respondent/State has submitted that the aforesaid certificate is not verified however, it is not denied that denied that along with the bail application, the applicant has already filed the photograph of the applicant's son, who is kept on ventilator. In such circumstances, this Court finds it expedient to allow the application temporarily for a period three weeks only. Accordingly, without expressing any opinion on the merits of the case, the present bail application is allowed temporarily for a period of three weeks.

(3.) It is directed that the applicant be released on bail for a period of only three weeks' time subject to his furnishing a personal bond in the sum of Rs.25,000.00 (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the concerned JMFC / CJM with an undertaking that after expiry of three weeks' time from the date of his release, he will surrender before the concerned trial Court subject to condition that he will not influence the trial or give threat to any of the prosecution witnesses or complainant party during trial, failing which, appropriate steps will be taken by the concerned trial Court. Certified copy as per rules.