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Bombay High CourtBA/39/2019bail granted

Kalpesh Ramnath Saroj @ Chhotu v. The State Of Maharashtra

2019-01-09Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 917-ba-39-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.39 OF 2019 Kalpesh Ramnath Saroj @ Chhotu .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mrs.Pooja Sejpal i/b. Mr.Nitin Sejpal, Advocate for the Applicant. Mr.S.R. Agarkar, APP for the Respondent - State. Mr.Bhamare, API, Kashimira Police Station, District - Thane. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 9, 2019.

P.C. :

Applicant is arrested in connection with C.R.No.I-229 of 2012, registered with Kashimira Police Station, District-Thane, on 17th August, 2012 and since then he is in custody. The offences were registered under Sections 363, 385, 387, 389 and 201 read with 34 of Indian Penal Code.

This application is preferred for temporary bail on the ground of death of the father of the applicant. The death certificate has been annexed to application. Applicant's father has expired on 1st January, 2019. Applicant had preferred an

rpa 2/3 917-ba-39-19.doc application for bail on this ground before the Sessions Court, which has been rejected. Learned APP submits that the concerned officer has verified and confirmed the fact of death of the applicant's father. Learned counsel for the applicant submits that the applicant may be released on bail with a view to perform ritual on account of death of his father for a period of four days from 10th January, 2019 to 13th January, 2019. Considering the aforesaid circumstances, the relief sought in this application can be granted.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.39 of 2019 is allowed;

(ii) Applicants is directed to be released on bail in connection with C.R.No.I-229 of 2012, registered with Kashimira Police Station, District-Thane, on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount for a period from 10th January, 2019 to 13th January, 2019;

rpa 3/3 917-ba-39-19.doc (iii) In the alternative, Applicant is permitted to furnish cash security in the sum of Rs.20,000/-, in lieu of surety;

(iv) Applicant is directed to surrender before the trial Court on 14th January, 2019;

(v) Bail Application stands disposed of;

(vi) Parties to act on an authenticated copy of this order.

(PRAKASH D. NAIK, J.)