1 16 S.B.CRIMINAL MISC. INTERIM BAIL APPLICATION NO.6557/2009 Devi Lal Vs. The State of Rajasthan DATE OF ORDER : 17th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.R.K.Charan,for the petitioner. Mr.N.K.Rai, Special Public Prosecutor. .... BY THE COURT The petitioner is accused of offence under Section 8/18 of the NDPS Act and facing trial in Sessions Case No.46/2009 in the Court of Special Judge (N.D.P.S. Cases) Chittorgarh with the allegations of recovery of 4.100 kilograms of opium from his possession. The petitioner applied for grant of temporary bail to the learned Trial Court on 10.12.2009 with reference to the fact that his father had expired on 09.12.2009. The learned Trial Court, however, declined the plea for grant of temporary bail with the observations that the cremation had already taken place and so far the other final rites are concerned, ordinarily, the person conducting the cremation was supposed to carry out such rites; and the petitioner had failed to satisfy if no other person was available to perform such rites. The petitioner has, thus, moved for grant of temporary bail to this Court. 2 The learned counsel for the petitioner has made a fervent plea for grant of temporary bail ,may be for very few days, so as to enable the petitioner to perform the final rites. However, for the facts and circumstances as observed by the learned Trial Court, this Court, at this stage, does not feel inclined to extend indulgence to the petitioner by way of temporary bail; but then, in the circumstances, it is considered appropriate and hence observed that if the petitioner makes a request to the learned Trial Court to attend the relevant place for performing final rites on any given day in custody, such a request may be given due consideration. With the observations aforesaid, this application for temporary bail moved on behalf of the petitioner Devi Lal s/o Mohan Lal under Section 439 Cr.P.C. stands rejected. (DINESH MAHESHWARI),J. s.soni