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Judgment
Rajendra Kumar Verma, J
This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of temporary bail during trial.
The applicant is facing trial in connection with Crime No.333/2021, registered at Police Station-Sadar Bazaar, District-Indore, concerning offence
under Sections 379 of IPC, 1860. The applicant is in jail since 25/09/2021.
Allegation against the applicant is that of committing theft of motorcycle.
Learned counsel for the applicant has submitted that the applicant is in custody since 25/09/2021, the marriage of the applicant's daughter is scheduled
to be held on 08/01/2022 and the presence of the applicant is necessary. Hence, learned counsel for the applicant prays for grant of temporary bail to
the applicant.
On the last date of hearing i.e. 30/12/2021, learned Panel Lawyer for the respondent / State was directed to verify the factum of marriage of
applicant's daughter submit its report on the next date of hearing.
Learned Panel Lawyer has submitted that the factum of marriage is verified and the marriage of applicant's daughter is fixed on 08/01/2022.
Looking to the facts and circumstances of the case, on a perusal of the material available on record, it would be appropriate to grant temporary bail to
the applicant for a period of 8 days from the date of his release.
Accordingly,without expressing any opinion on the merits of the case this application is allowed. It is directed that the applicant be released on
temporary bail for a period of eight days from the date of his release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he / she will
surrender immediately after completion of eight days from the date of his / her release for being taken into custody and sent to jail to suffer remaining
sentence under the written intimation to this Court, failing which, the Police Authority is at liberty to arrest the applicant without further reference to
this Court.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.