KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for petitioner submitted that petitioner's grand mother had passed away on 18/3/2024 and, therefore, to participate in the last right ceremonies, he may be permitted to enlarge on interim bail for a period of one week. Learned public prosecutor has verified the fact of death of grand mother of the petitioner. Looking to the totality of facts and circumstances of the case, a humanitarian approach is required to be adopted, thus, this Court deems it just and proper to grant one weeks' interim bail to the present accused-petitioner.

(2.) Accordingly, the interim bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Kailash @ Kalu S/o Sh. Jogaram Vishnoi arrested in connection with F.I.R. (CR) No.298/2019, PS Banar, District Jodhpur for the offences under Ss. 307/34, 326 of IPC and Sec. 3/25 of Arms Act. be released on interim bail for a period of one week (7 days), provided he furnishes a personal bond in the sum of Rs.1,00,000.00(Rupees: One Lakh) along with one surety of Rs.1,00,000.00(Rupees: One Lakh) (which will be of a close family member) to the satisfaction of the concerned Jail Superitendent on usual conditions. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner. He shall also give the date for surrender of the petitioner after expiry of the period of one week (7 days) from the date of his actual release from prison. Let this bail application be again listed on 30/4/2024 Learned Public Prosecutor shall be required to submit the compliance report of the order as to whether the petitioner has surrendered or not.