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

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. AppealNo. 621 With I.A. No. 24321 Amal Mandal @ Gorain 1. The State of Jharkhand 2. Umesh Hembrom … … … Appellant … … Opp. Parties CORAM: HON BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Mr. Jayant Kumar Pandey Advocate Mr. Suraj Verma A.P.P. Mr. V. S. Jha Advocate For the Appellant For the State For the O.P. No. 2 Through Video Conferencing 1. Heard Mr. Jayant Kumar Pandey learned counsel appearing 2. Heard Mr. Suraj Verma learned counsel appearing on behalf on behalf of the appellant. of the opposite party State. 3. Heard Mr. V.S. Jha learned counsel appearing on behalf of the opposite party No. 2 under the instruction of Mr. Nityanand Prasad Choudhary Advocate on record. 4. Learned counsel for the appellant submits that instant appeal has been filed for bail in connection with Mihijam P.S. Case No. 138 of 2018 and S.T S.C. Case No. 29 of 2019 for the offence under Sections 341 323 325 326 307 504 506 34 of the Indian Penal Code and Section 3(1)of the Scheduled Caste and Scheduled Tribe Act 1989 pending in the court of learned Special Judge Jamtara. 5. Learned counsel for the appellant submits that one I.A. No. 2431 of 2021 has been filed and dropped in the drop box on 28th May 2021 for grant of provisional bail to the appellant on account of death of the father of the appellant who died due to COVID 19 on 30.04.2021. Since he died due to COVID 19 the last rights could not be performed and the same is scheduled to be performed w.e.f. 04.06.2021. Learned counsel submits that provisional bail for three weeks may be granted and copy of the interlocutory application has already been served upon the learned counsel appearing on behalf of opposite party State Mr. Suraj Verma. Learned counsel submits that mother is ready to be one of the bailor of the appellant. 6. Learned counsel appearing on behalf of the State Mr. Suraj Verma on the other hand submits that he has received the copy of the interlocutory application and has also sent the copy of the same to this court during the court proceedings which is kept on record. Learned counsel appearing on behalf of the State has no serious objection to the grant of provisional bail to the appellant but he submits that immediately after three weeks the appellant should surrender and file his surrender certificate before this court. 7. Learned counsel appearing on behalf of the opposite party No. 2 has no serious objection to the grant of provisional bail. 8. After hearing the learned counsel for the parties and considering the facts and circumstances of the case the appellant is directed to be released on Provisional bail till 25.06.2021 on furnishing bail bond of Rs. 10 000 with two sureties of like amount each to the satisfaction of learned Special Judge Jamtara in connection with Mihijam P.S. Case No. 1318 and S.T S.C. Case No. 219 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. 9. 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. 3 10. I.A. No. 24321 stands disposed of. 11. The matter is directed to be posted on 05th of July 2021 before appropriate Bench under appropriate heading. 12. Let this order be communicated to the court concerned through FAX e mail. Anubha Rawat Choudhary J.) Binit 

Summary: 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.”