THAKUR DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Code of Criminal Procedure, the petitioner is seeking bail in case FIR No. 121/2015, dtd. 31/7/2015, registered at Police Station Manali, District Kullu, H.P., under Ss. 302, 201, 34 of the Indian Penal Code.

(2.) The petitioner is seeking interim bail on the ground that his mother has passed away on 26/1/2023 and since he is the eldest son, his presence for the last rites and rituals as per Hindu Religion is necessary.

(3.) Since, the mother of the petitioner has passed away and being eldest son of the deceased, his presence for the last rites and rituals as per Hindu Religion is necessary, in these circumstances, on humanitarian grounds, this petition is allowed and the petitioner is ordered to be released on interim bail on furnishing personal bond to the tune of Rs.50,000.00" with two sureties of the like amount to the satisfaction of the Jail Superintendent Bilaspur upto 28/2/2023. In the event of the bail bonds being furnished by the petitioner alongwith two sureties of the like amount, he be released on bail forthwith by taking on record his undertaking that he shall surrender himself before the Jail Superintendent concerned, i.e. Open Air Jail, Bilaspur, H.P. on or before 1/3/2023. It is made clear that the above periodical bail has been granted to the petitioner on humanitarian grounds only and on the basis of the merits of the case, as pleaded in the petition.