High CourtsSingle Bench(2021) 10 MP CK 0073

Joga And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 October 2021

HON’BLE JUDGES
Anil Verma, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No.53887 Of 2021

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Judgment

8 paragraphs · 265 words

Anil Verma, J

This is first application under Section 439 of Cr.P.C. for grant of temporary suspension filed on behalf of the applicants. The applicants are in custody since 09/10/2021 in connection with Crime No.539/2021 registered at Police Station Ranapur, District-Jhabua for the offence punishable under Sections 302, 201 & 34 of IPC.

Learned counsel for the applicants prays for temporary suspension on the ground that their father Veshiya Parmar has died on 16/10/2021 and 13th day ceremony of their father is scheduled on 29/10/2021, therefore, applicants may be released on temporary bail, or they be sent to the place of function to attend the ceremony in police custody.

Verification of death of father of applicants and shok patrika will take considerable time and there is no time left for the function.

In view of the aforesaid, application filed by the applicants under Section 439 of Cr.P.C. is disposed of accordingly to serve to the purpose to attend his father's death ceremony function to be held on 29/10/2021 for few hours.

The Police/Jail Authorities are directed to take the applicants to the place of function in Police custody ensuring adequate/sufficient security measures to perform their duties regarding post death of their father as per culture and tradition between 10.00 AM to 5.00 PM on 29/10/2021. Thereafter, they will be sent back to the concerned Jail under the same escort.

Learned counsel for the respondent/ State is directed to send copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

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