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Bombay High CourtAPPA/192/2015others disposed off

Suman Vilas Himansu v. The State Of Maharashtra

2015-03-09Hon'Ble Shri Justice P.V. Hardas,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

5 APPA 192 OF 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.192 OF 2015 IN CRIMINAL APPEAL NO.447 OF 2013 Sumanbhai Vilas Himanshu ... Applicant V/s.

The State of Maharashtra .... Respondent Mr. Abhaykumar Apte, for Appellant.

Mr. H. J. Dedhia, A.P.P., for the Respondent-State. CORAM : P.V.HARDAS & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 9TH MARCH, 2015.

P.C. :

1.

This application has been sent by the applicant from jail praying for his release on temporary bail/parole in order to attend the ailment of his father.

2.

According to applicant, his father is suffering from Hernia and has been advised surgery by the Medical Officer. The applicant has prayed for temporary bail/parole. The applicant can avail parole for his release. In the light of the fact that the applicant can avail parole and as the applicant was not on bail and there are eye witnesses to the incident, Page No.1 of 2

5 APPA 192 OF 2015.doc we are not inclined to suspend the substantive sentence of imprisonment and release the applicant on bail.

3.

The application is accordingly dismissed.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [P.V.HARDAS, J.] Page No.2 of 2