NATTHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal application has been filed on behalf of the accused-appellant Natthu Ram alias Nattha Ram on the ground that the son of the accused-appellant, namely, Kailash, aged 22 years has unfortunately died in Mathura Das Mathur (MDM) Hospital, Jodhpur on 08.05.2021; that the mother of the deceased Kailash, i.e., the wife of the accused-appellant had already died in the year 2014; that for participation in the funeral of his son, the accused-appellant may kindly be allowed, in police custody, which is scheduled to be performed at 11:00 AM and onwards yesterday, i.e., 09.05.2021. In these circumstances, order for constitution of the Bench was passed by Hon'ble the Chief Justice but unfortunately, the matter could not be heard before 11:00 AM and it was fixed for today, i.e., 10.05.2021.

(2.) Learned counsel for the applicant-appellant arguing through video conferencing stated that although initially the application was filed by the applicant-appellant for participation in the funeral of his son but since the accused-applicant is only the adult, responsible member in the family and as his young son has expired, therefore, on humanitarian grounds and consideration, the accused-applicant may kindly be released on interim bail for a period of 15 days so that he can perform the necessary rituals of deceased Kailash and take part in condolence.

(3.) Learned Government Advocate-cum-Additional Advocate General Mr. Farzand Ali associated by Mr. Abhishek Purohit appears on behalf of the State of Rajasthan stated that appropriate orders may kindly be passed and Superintendent, Central Jail, Jodhpur may kindly be directed properly.