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TMI Blog2021 (7) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Special Judge, NIA, Greater Bombay, on an application for temporary bail (Exh.317), whereby the prayer of the appellant-accused No.3, to release him on temporary bail to join his family members in performing the last rites of his mother Smt. Manjula Gadling, who passed away on 15th August 2020, at Nagpur, came to be rejected. 2. Factual background can be stated in brief as under :- (a) The appellant is arraigned for the offences punishable under sections 121, 121(A), 124(A), 153(A), 505(1)(B) and 117 read with sections 34 and 120B of the Indian Penal Code, 1860 ('the Penal Code') and sections 13, 16, 18, 18B, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 2008 ('UAPA'). (b) The appellant was arrested 6th June 2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med that in view of the adverse circumstances, in which the mother of the appellant died, funeral, rites, rituals and condolence meeting etc. could not be held and remained pending till date and now it has been decided by the family of the appellant that they shall hold funeral rituals on the first death anniversary of the appellant's mother, i.e., 15th August 2021, which is proposed to be clubbed with the 20th death anniversary of the father of the appellant which falls on 20th September 2021. The proposed schedule of the rituals to be performed is indicated. The appellant, thus, prays for release on temporary bail for a period of three weeks to perform the last rites and rituals, hold and attend the condolence meeting etc. of his mother ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... funeral and last rites of the mother of the appellant. This incorrect approach vitiated the determination. Ms.Jaising further urged that, indisputably, the application of the appellant to release him on temporary bail could not be considered expeditiously and, thus, the passage of time could not have been held against the appellant. Since the appellant has explained on an affidavit, the onerous circumstances which prevented the family from performing the last rites and rituals of the deceased mother, the prayer of the appellant to release him on temporary bail to participate in the rituals proposed to be held on the first death anniversary of his mother, cannot be resisted. 8. Ms. Jaising invited the attention of the Court to a number of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant had prayed for temporary bail to participate in the last rites/rituals and on account of the passage of time, the said cause does not survive, appears attractive at the first blush. However, on a humane consideration, which the circumstances of the case and the nature of the prayer warrant, the said objection appears untenable. It was not the prayer of the appellant that he should be released to attend the funeral of his deceased mother. The specific prayer was to release him so that he can join his family in performing the rituals. From this stand point, the claim of the appellant that the rites, rituals and condolence meeting, which have been kept in abeyance, are to be performed and held on the first death anniversary of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidered view, it may be appropriate to take cautious cognizance of the developments in the intervening period, particularly, on account of passage of time, and consider the prayer to release the appellant on temporary bail, purely on humanitarian ground. In the prevailing social construct, the first death anniversary of an immediate family member has an element of religious, personal and emotional significance. Admittedly, the appellant has not been able to participate in any of the rites/rituals in connection with the death of his mother. Viewed through this prism, we do not find the prayer of the appellant unjustifiable. 14. Ms. Jaising submitted that the appellant had been a practicing Advocate before he came to be arrested on 6th June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of the learned Special Judge, NIA Court, subject to the following conditions : (a) The appellant shall furnish to the S.P., NIA, Mumbai, and the In-charge Police Inspector of the jurisdictional police station, within the limits of which the appellant will stay at Nagpur, the details of his travel from Mumbai to Nagpur, upon being released from Taloja Central Prison, along with the address at which the appellant would stay at Nagpur and the contact number on which he will be available during the said period, and the details of return journey. (b) The appellant shall intimate the jurisdictional police station the date and time of his arrival at Nagpur immediately after reaching Nagpur. (c) The appellant shall mark his presence at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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