Ahmed Kunhi B @ Kader v. Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.375 OF 2023 WITH BAIL APPLICATION NO.376 OF 2023 Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.02.07 16:52:29 +0530 Ahmed Kunhi B @ Kader ..Applicant VS.

Union of India and anr.

..Respondents ------------ Adv. Advait Tamhankar a/w Adv. Ashwini Achari i/b. Adv. Taraq K. Sayed for the Applicant.

Adv. Madhukar P. Dalvi a/w Adv. Mohit Rao a/w Adv. Hitendra Parab for respondent No.1.

Mr. S. V. Gavand, APP for the State/respondent No.2. ------------ PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 7, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

These are applications for temporary bail for a period of one week to attend the marriage ceremony of the applicant's daughter which is scheduled on 11/02/2023 at Kasaragod in Kerala . The applicant has prayed for interim bail for a period of one week from 08/02/2023 to 14/02/2023. The respondents have verified the factum of the marriage of the applicant's daughter which is not in 1/3

dispute. The bail application of the applicant has been rejected by the trial Court as well as this Court on merits. The trial has been expedited and the stage of the trial is recording of the statement under Section 313 of the Code of Criminal Procedure. No doubt the applicant was found in possession of commercial quantity and even the applications for bail of the applicant have been rejected on merits. The applicant is in custody since 18/10/2018 for a period of 4 years and 4 months. For the limited purpose of attending the marriage ceremony of his daughter, only on humanitarian ground, I am inclined to accept the request of the applicant by granting him limited relief. The applicant is permitted to attend his daughter's marriage under police escort.

The nature and details of the escort to be decided by the jail authorities considering the threat perceptions. The escort charges including travel will be borne by the applicant as per rules. The jail authorities to consider if at the time of actual marriage ceremony it would be advisable if the escorting officials could be in plain clothes. This is in the sole discretion of the jail authorities.

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3.

The bail applications are disposed of.

(M. S. KARNIK, J.) 3/3