High CourtsDivision Bench(2011) 05 JH CK 0096

Azad Mian, Yaad Ali Mian and Rahamtali Mian vs The State of Jharkhand

Jharkhand High Court · Decided on 9 May 2011

HON’BLE JUDGES
R.K. Merathia, J · Prakash Tatia, J
CASE NUMBER
Criminal Appeal (D.B.) No. 163 of 2006

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Judgment

8 paragraphs · 329 words

I.A. No. 699 of 2011

1.

Heard learned Counsel for the Appellant No. 3, Rahamtali Mian, who has moved this Interlocutory Application No. 699 of 2011 seeking temporary bail on the ground of marriage of his son and daughter.

2.

Learned Counsel for the Appellant No. 3 submitted that Appellant No. 3 was convicted vide judgment dated dated 15th December, 2005 and he has already served sentence of about nine years and now he is of the age of above seventy years. It is also submitted that in view of the marriage of his son and daughter, which is going to be taken place on 15th and 16th May, 2011 respectively, he may be granted temporary bail.

3.

Learned A.P.P submitted that although the Appellant has sought temporary bail, but in fact he has prayed for bail for the entire period of the pendency of the bail henceforth.

4.

Considering the submissions of the learned Counsel for the parties and taking a lenient view because of the fact that there are two marriages in the family of the Appellant No. 3 and that too of his son and daughter, therefore, the Appellant No. 3, Rahamtali Mian, is directed to be released on temporary bail for a period commencing 9th May, 2011 to 18th May, 2011, on furnishing personal bond of Rs. 20,000/- (Twenty thousand) and two sureties of Rs. 10,000/- (Ten Thousand) of like amount each, one of the sureties should have immovable property within the jurisdiction of the Trial Court and another should be the close relative of Appellant No. 3, Rahamtali Mian, to the satisfaction of 1st Additional Sessions Judge, Garhwa in S.T. No. 218 of 1991.

5.

The Interlocutory Application No. 699 of 2011 stands disposed of.

6.

List this case on 20th May, 2011 under the heading for orders to enable the Appellant No. 3 to file surrender certificate.

7.

Let the order be communicated through FAX at the cost of the Appellant No. 3.