High CourtsSingle Bench(2024) 05 MP CK 0123

Deepak vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 31 May 2024

HON’BLE JUDGES
Anil Verma, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 23255 Of 2024

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Judgment

9 paragraphs · 294 words

Anil Verma, J

1.

This is the 3rd application filed under Section 439 of Cr.P.C. for grant of temporary bail in connection with Crime No.76/2019 registered at P.S. - Narcotic Cell, Indore (M.P.) for commission of offence punishable under Sections 8 / 22 of NDPS Act.

2.

Applicant has preferred this temporary bail application on account of death of his father..

3 . Learned counsel for the applicant contended that applicant's father has been died on 25/05/2024. Shok Sandesh has been filed along with the application. Last rituals are scheduled on 04/06/2024 and 05/06/2024. Hence he prays that the applicant be released on temporary bail for a period of 10 days.

4.

Per contra, learned GA for respondent/State opposes the temporary bail application and prays for its rejection by submitting the factum of death of applicant's father is to be verified.

5.

Having regard to the aforesaid I deem it proper to grant temporary bail to the applicant for a period of 10 days.

6 . Accordingly, this M.Cr.C. is allowed and it is directed that the applicant be released on temporary bail for a period of 10 days upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court subject to the condition that firstly, the trial Court shall verify the factum of death of applicant's father i.e. Ramprasad Sen and thereafter proceed further.

The applicant is directed to surrender before the trial Court immediately after expiry of 10 days period from the date of his release, failing which the trial Court shall take appropriate steps to take the applicant in custody. The applicant shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules. .