Javed Noor Mohammed Fakir v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 129 OF 2020 Javed Noor Mohammed Fakir.

..Applicant.

v/s.

The State of Maharashtra.

..Respondent.

Mr. Raju Digamber Suryawanshi, advocate for applicant. Mrs. P.P. Shinde, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : JANUARY 23, 2020.

P. C. :

Heard the learned Counsel for the applicant and the learned APP.

This is an application seeking temporary bail. The applicant is an accused in Crime No. 5 of 2017 registered at Shahada Police Station, District Nandurbar. The applicant was arrested on 7/4/2018 and is in custody.

Learned Counsel for the applicant has placed on record death certificate of the brother of the applicant namely Chirag Noor Mohammed Fakir, who has expired on 22/12/2019 at Khadke, Taluka Bhusawal, District Jalgaon. Learned Counsel for

the applicant upon instructions submits that 40th day, to perform the last rites, would fall on 27/1/2020 and that being the brother of the applicant, he desires to attend the 40th day rituals on 27/1/2020.

Learned APP has taken instructions to that effect and has been informed by the Additional S.P. Nandurbar that the brother of the applicant has expired on 27/12/2019 and that the 40th day would fall on 27/1/2020.

On humanitarian ground, the applicant deserves to be granted temporary bail for a period of 10 days from the date of release. Hence, following order is passed:

ORDER

(i) The application is allowed.

(ii) The applicant is granted temporary bail from 25/1/2020 to 6/2/2020. The applicant be enlarged on temporary bail on furnishing P.R. Bond in the sum of Rs. 15,000/- and one or more sureties in the like amount.

(iii) During the said period except on 27/1/2020 the applicant shall mark his presence before Bazar Peth Police Station, Bhusawal everyday between 4 p.m. to 6 p.m.

(iv) On 6/2/2020 the applicant shall surrender before the Superintendent of Central Prison, Nandurbar before 5 p.m. The application is disposed of accordingly.

The parties to act on the authenticated copy of the order.

[SMT. SADHANA S. JADHAV, J.]