Mangesh Sham Satpute v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.470 OF 2020 Mangesh Sham Satpute ] Age 29 years, Occ:Labourer ] r/a A wing, Flat no.301, ] Mantri Nivas Society, ] Vaiduwadi, Hadapsar, Pune.
] Applicant/accused no.1.
Vs.
State of Maharashtra ] (P.I. Khadak Police Station) ] Respondents.
...
Mr.Zaid Qureshi, Advocate for the applicant.
Ms A.A. Takalkar, APP for the State.
...
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 4th SEPTEMBER, 2021.
P.C.:
1.
This is an application seeking temporary bail on the ground of illness of the mother of the applicant namely Rekha Satpute who is admitted at Sahyadri Hospital, Pune and is said to be a Cancer patient who had undergone Chemo therapy and is on ventilation. It is submitted that by CHITRA SANJAY SONAWANE Date: 2021.09.06 10:28:27 +0530 chances of her survival are very bleak. Learned Counsel has tendered CHITRA SANJAY SONAWANE photostate copy of the medical certificate issued by one Dr.Sanjay Kolte as well as compilation of medical papers of the said Hospital qua Rekha Satpute.
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2.
Applicant is being prosecuted by Khadak police station for the offences punishable u/s 364 (A), 387, 323, 504, 506 of the Indian Penal Code, Section 3(25), 4(25) of the Arms Act, Section 37(1)(3) r/w Section 135 of Bombay Police Act and Section 3(1)(ii), Section 3(2), 3(4) of the Maharashtra Control of Organized Crime Act.
3.
It is submitted that the Chargesheet has already been filed and the applicant is in custody for last 6 years. Learned APP submits that today the Investigating Officer is not present and therefore, she has no instructions. 4.
Looking to the aforesaid facts, it would be just and proper, in the interest of justice and on humanatarian ground, to grant bail to the applicant, to enable him to meet his ailing mother who is said to be on a death bed. It is made clear that this is a temporary bail for a limited period and that, the applicant shall not, in any way, misuse the liberty granted to him, in a sense, he shall not in any manner, try to influence any of the persons connected with this crime, nor shall make an attempt to flee from the jurisdiction of the concerned Special Court. 5.
As such, applicant be enlarged on bail, on furnishing P.R. Bond, in the sum of Rs.1 lakh (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the Special Court, Pune. 6.
Bail shall be for a period of 45 days commencing from the date on which the applicant shall furnish solvent sureties before the Special Court. Needless to say that, in case the applicant commits breach of any of the conditions, temporary bail shall stand cancelled automatically. 2 / 3
7.
After a period of 45 days, the applicant shall surrender before the concerned jail authority on 46th day without seeking further extension. 8.
The applicant shall also furnish his permanent residential address as well as cell number to facilitate Investigating Officer to be in contact with him.
9.
The applicant shall attend Police Station Khadak on every Monday between 10.00 A.M. to 11.00 A.M.
10. Bail application stands disposed of.
[PRITHVIRAJ K.CHAVAN J.] 3 / 3