Emmanuel Samual Amolik v. The State Of Maharashtra

Sknair 2-ba-381-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 381 OF 2018 WITH BAIL APPLICATION NO. 382 OF 2018 Emmanuel Samual Amolik ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Ms. Sudha Dwivedi for the applicant.

Ms. P.N.Dabholkar APP for the Respondent-State. Mr. Tanvir Nizam a/w Mariam Nizam for the Intervenor. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 8th AUGUST, 2018.

P.C.

1.

The applicant prays for temporary bail. Bail application No.381 of 2018 pertains to offences punishable under Sections 302, 115, 120(B), 201 of Indian Penal Code registered vide C.R. No.I-58 of 2014, whereas Bail Application No. 382 of 2018 is relating to CR No. I-67/2013 registered for offences punishable under Sections 302, 34, 120(B) of Indian Penal Code and Section, 3, 25, 27 the Indian Arms Act.

2.

It is submitted that in both these applications, the applicant had applied for temporary bail before the Sessions Court on account of death of his son. The Sessions Court by order dated 5th

Sknair 2-ba-381-18.odt February, 2018, permitted the applicant to attend the last ceremony of his son. Jail authorities were directed to produce the applicant for funeral ceremony. He was also permitted to visit house with police bandobast. In the present applications, the applicant seeks temporary bail on account of health condition of his wife. It is also contended that applicant and his wife have shattered due to loss of their son. The applicant intends to be with his wife to support her.

3.

The applicant had preferred applications before the Sessions Court earlier on account of death of son. The applicant can prefer an application for bail on the ground stated in this application before Sessions Court.

4.

In the circumstances, without expressing any view on merits of the applications, the applicant in both applications is permitted to prefer an applications for temporary bail before the Sessions Court. In case such application is preferred the Court shall deal with the application in accordance with law.

5.

Both these applications are disposed of.

by Sachidanand Kuttan Nair Date:

2018.08.14 14:51:04 +0530 Sachidanand Kuttan Nair ( PRAKASH D. NAIK, J. )