High Court at Jodhpur dismissed a criminal writ petition filed by a petitioner in central Jail seeking temporary bail to attend a marriage function. The court held that since the function had already commenced and attendance was not deemed necessary, the petition was not fit for grant of bail.
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[2023/RJJD/002452]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writ Petition No. 82/2023
Bharat Das Vaishnav S/o Sh. Man Das, Aged About 56 Years, R/o Adarsh Nagar, Sirohi (Raj.) At Present In Central Jail, Jodhpur, Through Lalit Vaishnav S/o Sh. Bharat Das Vaishnav, Aged About 31 Years, R/o Adarsh Nagar, Sirohi (Raj.)
| ----Petitioner | |||
|---|---|---|---|
| Versus | |||
| 1. | State Of Government, Of Rajasthan |
Rajasthan, Through Department Of Home , Secretariat, Jaipur. |
Secretary To The Affairs, Government |
| 2. | The Director Jaipur. |
General Of Police, Jail, | Govt. Of Rajasthan |
| 3. | Superintende | nt Of Central Jail, Jodhp | ur. ----Respondents |
| For | Petitioner(s) | : Mr. Rajesh Shah |
|
| For | Respondent(s) | : Mr. Gaurav Singh, |
PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
25/01/2023
The present criminal writ petition has been preferred by the petitioner seeking a prayer to avail temporary bail for attending the marriage function of son of his brother-in-law, which is going to be solemnized from 22.1.2023 to 26.1.2023.
Learned counsel appearing for the petitioner submits that the marriage function of son of his brother-in-law has already commenced from 22.1.2023 and the presence of the petitioner in
(2 of 3)
[2023/RJJD/002452]
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the said function is necessary. He has also placed on record a copy of the marriage invitation card while submitting that Article 21 of the Constitution of India envisages basic human rights and, therefore, the petitioner may be enlarged on temporary bail for attending the said marriage function. Learned counsel for the petitioner places reliance upon the order dated 26.4.2022 passed in SB Cr. Writ Petition No.166/2022 (Bharat Modi & anr Vs. State of Rajasthan), wherein the coordinate Bench of this Court while allowing the said writ petition, released the petitioner of that case on temporary bail for attending the marriage function.
Per contra, learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner and submits that various FIRs in different districts of the Rajasthan have been lodged against the petitioner at Police Station SoG and in some of the FIRs challan have already been filed by the investigating agency and some are under investigation. It is also submitted that as per the programme narrated in the invitation card, the function has already commenced and the petitioner being brotherin-law is not required to attend the marriage of son of his brotherin-law.
I have heard the learned counsel for the parties and perused the material available on record.
Looking to the facts and circumstances and that the fact that as per the petitioner himself number of FIRs have been lodged at SFIO and SOG against the petitioner in different districts of the State of Rajasthan wherein in some of the FIRs, the investigating agency has already filed challan and in some of the FIRs, the investigation is pending consideration, this Court is of the opinion
(3 of 3)
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that the petitioner’s presence as the brother-in-law in the marriage function of son of his brother-in-law, seems to be not necessary, specially when, the function has already commenced from 22.1.2023.
Hence, the present criminal writ petition is dismissed.
(MADAN GOPAL VYAS),J
54-CPGoyal/-
2 issues framed by the court
Whether the petitioner may be enlarged on temporary bail to attend a marriage function where the function has already commenced.
Whether a brother-in-law is required to attend the marriage of the son of his brother-in-law.
Colour shows how this judgement treated each authority
Bharat Modi & anr Vs. State of RajasthanReferred¶14
SB Cr. Writ Petition No.166/2022 (Bharat Modi & anr Vs. State of Rajasthan)
Bharat Das Vaishnav
State Of Government Of Rajasthan Through Department Of Home
The Director Jaipur General Of Police Jail
Superintendent Of Central Jail Jodhpur
Madan Gopal Vyas
As recorded by the court registry
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