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2023 DIGILAW 86 (MP)

Sadda Banjara v. State of Madhya Pradesh

2023-01-17

VIJAY KUMAR SHUKLA

body2023
JUDGMENT Vijay Kumar Shukla, J. - This is fourth application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.126/2020 registered at Police Station - Malhargarh, District Mandsaur (M.P.) under Section 376 of the IPC on the ground of death of father of the applicant. 2. Alongwith the application, a death certificate of father of the applicant Bagga Gaur R/o Bhainsakheda, Malhargarh, Mandsaur has been enclosed. 3. It is submitted that the last rituals are to be performed from 18.01.2023 to 22.01.2023. The applicant being only son of the deceased has to perform the rituals. The application is supported by the affidavit of one relative Member Gond. 4. Learned counsel for the respondent/state submits that the applicant may be directed to be released subject to verification of the death of father of the applicant by the trial Court. 5. After hearing learned counsel for the parties and taking into consideration the death certificate and affidavit enclosed alongwith the application, this court is of the view that the applicant is granted temporary bail for a period of ten (10) days from the date of release. The applicant shall be released subject to verification of the factum of death of father of the applicant by trial Court. The applicant shall surrender immediately after expiration of ten days from the date of release. 6. It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below. 7. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence. 8. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence. 8. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below. C.c. as per rules.