The court granted temporary bail to a convict for a maximum of 18 hours to perform last rites for his deceased father, imposing specific conditions to ensure his return to custody by a designated time.
Bail allowed for 40 days from March 21, 2022, subject to return within 18 hours and police escort.
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C.R.M. (DB) 282 of 2022
13.04.2022 Sl. 88 In Re: - An application for bail under Section 439 of the Code of Court No.29 Criminal Procedure filed in connection with Ekbalpore Police sourav Station Case No. 175 dated 31.03.2014 under Sections (DO) 302/201/24/394/120B of the Indian Penal Code. And
| In the matter of:Md. Sikander @ Sk. Sikander ….petitioner. |
|---|
| Mr. Sandip Kumar Bhattacharyya |
| Mr. Dipta Dipak Banerjee …for the petitioner. |
| Mr. Neguive Ahmed,Ld. APP |
| Ms. Ayantika Roy |
| …for the petitioner. |
|---|
| …for the State. |
Petitioner seeks bail.
Two grounds are canvassed for the purpose of obtaining bail. One of them is that the father of the petitioner expired on March 21, 2022 and, therefore, the petitioner should be permitted to perform the last rites on the 40th day from the date of death. Other ground is the medical condition of the wife of the petitioner.
Learned advocate appearing for the petitioner submits that the petitioner should be allowed bail for a period of seven days at the minimum.
Learned Additional Public Prosecutor draws the attention of the Court to the materials in the case diary and to the earlier orders of rejection.
There is hardly any material change in circumstances subsequent to the earlier orders of rejection of the prayer for bail.
However, since the father of the petitioner expired on March 21, 2022, it would be appropriate to allow the petitioner to perform the rituals on the 40th day. The Superintendent of the Correctional Home where the petitioner is lodged, will depute adequate police personnel to accompany the petitioner to his place of residence and
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to the graveyard where his father was laid to rest and to any place of worship that the petitioner may seek to visit on the 40th day from March 21, 2022. The Superintendent of the Correctional Home where the petitioner is lodged will ensure that the petitioner returns to such correctional home immediately upon such rituals are over. He will ensure that the petitioner is not out of the correctional home
in excess of 18 hours.
C.R.M. (DB) 282 of 2022 is, thus, disposed of.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
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3 issues framed by the court
Whether bail should be granted to the petitioner for a limited period to perform last rites for his deceased father.
Whether strict conditions can be imposed on the petitioner while allowing him temporary release for solemn duties.
Whether the death of the petitioner's father constitutes a material change in circumstances warranting interim bail.
1 provisions across 1 enactments
Md. Sikander @ Sk. Sikander
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
