Gona vs State Of M.P

G.S. Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of temporary bail. Second application was dismissed on 21/4/2022 passed in M.Cr.C. No.19071/2022.

The applicant has been arrested on 15/3/2022 in connection with Crime No.525/2021 registered at Police Station Excise Karera, Distt. Shivpuri for offence under Sections 34 (1) and 49 (A) of the Excise Act, 1915.

This application has been filed for grant of temporary bail for a period of fifteen days on ground of marriage of her son and daughter. Accordingly, by order dated 4/5/2022 the State counsel was directed to verify the factum of marriage of son and daughter of the applicant.

The State counsel after obtaining the verification report from the SHO, Excise Karera, District Shivpuri has submitted that the marriage of son and daughter of the applicant is fixed for 9th and 10th of May, 2022.

Since son and daughter of the applicant are getting married, therefore, her presence in their marriage is essential. Accordingly, the application for grant of temporary bail is hereby allowed and it is directed that on furnishing personal bond in the sum of Rs.1,00,000 (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available), the applicant be released on temporary bail for a period of fifteen days from the date of her release. The applicant shall also furnish an undertaking that she shall surrender immediately on 15th day from the date of her release.

The other conditions of Section 437, 439 Cr.P.C. shall remain the same.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is allowed.