LAWS(MPH)-2023-3-51

BHAGWAN SINGH Vs. STATE OF MADHYA PRADESH

Decided On March 23, 2023
BHAGWAN SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) None present for the parties as the Advocates are abstaining from work today. Perused the case-diary which is made available by the office of the Advocate General.

(2.) This is second bail application filed by applicant under Sec. 439 of Criminal Procedure , 1973 for grant of temporary bail on the ground of death of his father.

(3.) The applicant is seeking temporary bail on the ground of death of his father who has passed away on 22/03/2023 and the applicant seeks the temporary bail to attend the last rites of his father Ambaram S/o Kesar Singh who was also an accused in the present case and was earlier granted bail by this Court in M.Cr.C. No.48665/2022 on 10/11/2022. In support of the application, a certificate issued by the Ujjain Heat Hospital and Intensive Care Unit Pvt. Ltd., Ujjain has also been placed on record certifying that Ambaram S/o Kesar Singh has died on 22/03/2023 at 12:40 pm. Apart from that, a certificate issued by the office of Gram Panchayat, Suchai, District Ujjain is also filed certifying that Ambaram has died on 22/03/2023. Hence, it is stated that the application be allowed and the applicant be released on temporary bail. On due consideration, perusal of the case-diary as also the documents filed on record and under the facts and circumstances of the case, this Court finds it expedient to allow the present application for a period of 15 days. 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 15 days from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he shall surrender before the trial Court immediately after expiry of the aforesaid 15 days time or on the 15th day from the date of his release, failing which he shall be arrested by the police and be put to face the trial in accordance with law.