This order rejects an interim bail application filed by two brothers under Section 439 Cr.P.C. The High Court held that since the rituals for their deceased uncle were already completed, there was no urgency to grant bail.
Interim bail application is rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Interim Bail Application No. 1922/2022
(Presently Lodged At District Jail, Bhilwara)
----Petitioners
Versus
State Of Rajasthan
----Respondent
| For Petitioner(s) | : Mr.Bhushan Singh Charan, Adv. |
|---|---|
| For Respondent(s) | : Mr.Mohd. Javed Gauri, PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/04/2022
The present interim bail application under Section 439 Cr.P.C. has been filed by the petitioners on the ground of death of their uncle.
Learned counsel for the petitioners submits that both the petitioners are brothers. Their uncle has expired on 26.01.2022 and their father & mother are also old and sick. In these circumstances, the petitioners are required to perform the last customary ceremonies of their uncle. It is therefore prayed that the petitioners may be released on interim bail for a period of 20 days.
Learned Public prosecutor has opposed the prayer of the petitioners.
(2 of 2)
[CRLMB-1922/2022]
I have considered the arguments advanced before me and perused the material available on record.
The death of the petitioners’ uncle was occurred way back in the month of January, 2022 and the death rituals have already been done. In these circumstances, this Court is not inclined to grant interim bail to the petitioners.
Accordingly, the interim bail application preferred by the
petitioners is hereby rejected.
(MANOJ KUMAR GARG),J
74-NK/-
1 issue framed by the court
Whether to grant interim bail to the petitioners despite the death of their uncle.
1 provisions across 1 enactments
Shahjad S/o Babukhan
Peeru S/o Babukhan
State Of Rajasthan
MANOJ KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
