SHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is first application under Sec. 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.22/2023 registered at Police Station CBN, District Neemuch (MP) for offence punishable under Ss. 8/15, 29 and 25 of the NDPS Act. The applicant is in custody since 7/7/2023.

(2.) This application has been filed on the ground that the marriage of the brother of the applicant is to be performed on 15/4/2024. The father of the applicant namely, Madan Singh is seriously ill and is suffering from backache and pain in both lower limbs and numbness and has been advised bed rest and continuous treatment. Along with the application the documents as regards illness of the father of the applicant have also been filed. On the application learned counsel for the respondent was directed to seek instructions who has submitted that the report has been received to the effect that at the time of inspection, the father of the applicant had gone along with all the other family members for shopping hence it cannot be said that he is medically ill. However, there is no report as regards the medical documents produced by the applicant along with this application.

(3.) Considering the fact of the medical condition of the father of the applicant as has been reported by the doctor of District Hospital, Mandsaur, in my opinion, the applicant deserves to be granted temporary bail for a period of seven days. It is directed that the applicant shall be released on temporary bail subject to his furnishing a personal bond in the sum of Rs.2,00,000.00(Rupees Two Lac Only) with a solvent surety i n the like amount to the satisfaction of the concerned trial Court. The applicant shall surrender before the trial court on the very next day upon completion of the aforesaid period, failing which he shall be arrested by the Police and be put to face the trial in accordance with the law.