Purushottam Saheb Singh Gandhok v. State Of Maharashtra

2023:BHC-AS:24359

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.481 OF 2023 PURUSHOTTAM SAHEB SINGH GANDHOK ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. S. S. Dube a/w. Adv. Pankaj Mishra for the applicant. Mr. M. G. Patil, APP for the State.

PSI V.B. Tidake, Meghwadi Police Station, Mumbai. ------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 25, 2023.

P.C. :

1.

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

2.

This is an application for bail in respect of the offence punishable under Section 302 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.38/2022 with Meghwadi Police Station, Jogeshwari (East), Mumbai. 3.

The applicant is 91 years of age. It is alleged that the applicant killed his wife who was 81 years of age and his unmarried daughter who was 55 years of age. As per the version of the informant, who is the daughter of the 1/3

applicant, the applicant called her and told her that he has taken the life of his wife and the daughter who were continuously ill and it is not possible for him to look after them any further.

4.

The applicant is 91 years of age. The applicant was arrested on 7/2/2022 and is in custody almost for 18 months and there is no possibility of trial commencing any time soon.

5.

It is noticed that the applicant is suffering from several diseases and requires medical aid and treatment for which the trial Court had directed that the applicant be treated at Sir J. J. Hospital, Mumbai.

6.

The applicant's daughter has filed an afÏdavit stating that she undertakes to take care of the applicant. Looking at the age of the applicant, period of incarceration and in the overall facts and circumstances of the case, the applicant can be enlarged on bail. The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :- 2/3

O R D E R

(a) The application is allowed.

(b) The applicant - Purushottam Saheb Singh Gandhok in connection with C.R. No.38/2022 with Meghwadi Police Station, Jogeshwari (East), Mumbai, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish provisional cash bail security in the sum of Rs.25,000/-, for a period of eight weeks, in lieu of surety.

(d) The applicant shall attend the trial regularly. 7.

The application is disposed of.

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