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Judgment
.
Subodh Abhyankar, J
They are heard. Perused the case diary /challan papers.
This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.318/2020 registered
at Police Station Birlagram Nagda, District Ujjain (MP) for offence punishable under Sections 409 and 420 of IPC.
The applicant is in custody since 08.02.2021.
The allegation against the applicant is defalcation of around 26 lakhs rupees from the government's account.
Counsel for the applicant has submitted that he is not pressing the regular bail and seeking temporary bail only on the ground that the mother of the
applicant has passed away on 11.05.2021. Counsel has also submitted that on account of Covid-19 he could not obtain the death certificate of his
mother, however, he has made an infra statement on board.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
Having considered rival submissions, taking note of the fact that the mother of the applicant has died on 11.05.2021 and there is no reason for this
Court at present to disbelieve the statement made on the board by the Counsel for the applicant.
Accordingly, to perform the last rites of mother of the applicant, the present application stands partly allowed for a period of one month only. The
applicant is directed to be released on temporary bail upon his furnishing a bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one
surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. This temporary
bail order shall be subject to the condition that the applicant shall submit an undertaking that he shall surrender himself immediately after completion of
one month from the date of his release, failing which he shall be arrested by the police and put to face the trial, in accordance with the law.
It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically
without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy as per rules.