Bail can be granted in lieu of performing last rites: Jharkhand High Court

Provisional bail can be granted to the accused for performing last rites by furnishing a personal bond as prescribed by the court. A single-judge bench comprising Justice Anubha Rawat Choudhary adjudicated in the matter of Amal Mandal v. The State of Jharkhand (CRIMINAL APPEAL (S.J.) No.68 of 2021) dealt with an issue of whether to grant bail to the accused or not.

In the present case, the Appellant submits an appeal for bail for the offences u/s 341,323,325,326,307, 504,506/34 of the Indian Penal Code and Section 3(1) (X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. He seeks provisional bail for 3 weeks in account of the death of his Father who died due to COVID-19 on 30.04.2021 to perform his last rites which is scheduled to be performed on 04.06.2021. The counsel on behalf of the Appellant submitted that the mother is ready to be the bailor of the Appellant.

The Opposite Party did not make any serious objections to the Appeal of the Appellant but did submit that he should that the Appellant should surrender and file his surrender certificate before this court.

Looking upon both sides, considering the facts and circumstances of the case, the court directed that the Appellant “to be released on Provisional bail till 25.06.2021 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Jamtara, in connection with Mihijam P.S. Case No. 138 of 2018, and S.T/S.C. Case No. 29 of 2019 subject to the following conditions. (i) One of the bailor should be the mother of the appellant. (ii) The appellant would also furnish his copy of the Aadhar Card and furnish his mobile number before the learned court below which he will not change without prior permission of the court.”

Also, the court added that” The appellant shall surrender before the learned court below by 25.06.2021 and file his surrender certificate before this court latest by 1st of July, 2021.”

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