Noor Mohamad Sayed Mohd Pathan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.253 OF 2016 IN CRIMINAL APPEAL NO.128 OF 2012 Noor Mohammad Sayed ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Ms. Nasreen S.K. Ayubi for the applicant.

Ms.S.D.Shinde, APP for respondent-State.

CORAM : RANJIT MORE AND V.L.ACHLIYA, JJ.

DATED : 26TH FEBRUARY, 2016 P.C. :- 1.

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

2.

This application is filed by the applicant seeking temporary bail to attend the marriage of his daughter. We have perused the wedding card annexed to the application at Exhibit-E. The wedding card reveals that the ring ceremony was to be held on 24th February, 2016, Haldi on 25th February, 2016 and Mehndi is on 26th February, 2016 and the Nikah is 1/3

scheduled to be held on 28th February, 2016.

3.

The above petition was placed on board yesterday and we directed learned APP to take instructions from the officer concerned. Learned APP accordingly placed on record a report dated 26th February, 2016 filed by the Police Inspector, Mumbra police station, Thane. The report discloses that police from Mumbra police station had gone to verify whether the applicant's daughter is getting married. In inquiry, it transpired that though it is stated in the wedding card that ring ceremony is to be held on 24th February, 2016 and Haldi on 25th February, 2016. However, there was no atmosphere of marriage in the house of the petitioner. The police inquired with the office bearers of the Hall mentioned in the wedding card about the wedding. However, it was told that the Hall is not booked for the marriage of the petitioner's daughter on 28th February, 2016. The report further reveals that the daughter of the petitioner is not staying at the address given in the wedding card. It seems that the petitioner has printed the wedding card for getting temporary bail.

2/3

4.

Be that as it may, earlier the petitioner was released on parole leave and after expiry of the parole leave, he did not surrender. He absconded and ultimately was arrested from Hyderabad.

5.

In the above circumstances, we are not inclined to entertain this application. Hence the application is dismissed. (V.L.ACHLIYA, J.) (RANJIT MORE, J.) 3/3