LAWS(HPH)-2023-4-47

RADHEY SHYAM Vs. STATE OF HIMACHAL PRADESH

Decided On April 10, 2023
RADHEY SHYAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This petition has been filed seeking enlargement of petitioner on interim bail on account of serious ailment of his father, claiming that he has been suffering from last stage of Cancer, in case FIR No. 147 of 2021, dtd. 24/5/2021, registered in Police Station Nalagarh, Police District Baddi, H.P., under Ss. 147, 148, 149, 341, 323, 307, 302, 120B, 201 of the Indian Penal Code (hereinafter referred to As 'IPC') and Ss. 25, 29B, and 30 of Arms Act (hereinafter referred to as 'Arms Act').

(2.) Learned counsel for the petitioner submits that father of petitioner has expired on 7/4/2023 and for attending last rites and rituals, being a son, presence of petitioner shall be necessary and for that purpose he has submitted that petitioner may be enlarged on interim bail at least for one month.

(3.) It has been further submitted that it iass the petitioner who was residing with his father, whereas his elder son alongwith his wife is residing separately and that being an undertrial prisoner, petitioner is not entitled for any other kind of provisions of law for enlarging him on bail, parole etc. enabling to perform and attend the last rites and rituals of his father.