Dinesh Ganpat Bondre v. The State Of Maharashtra
Nalawade A.S.
1 /2 FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.520 OF 2016 IN CRIMINAL APPEAL NO.2 OF 2016 Mr.Dinesh Ganpat Bondre.
...Applicant.
Vs.
The State of Maharashtra.
...Respondent.
Mr.M.K.Kocharekar i/by Mr.D.S.Pagare for the Applicant. Mrs. Anamika Malhotra, APP. for the State.
CORAM : A.S.GADKARI, J.
DATE : 26th April,2016.
P.C.
This is an application for suspension of sentence and releasing the applicant on bail. Though this is an application for releasing the applicant on regular bail, the learned counsel for the applicant on instructions restricted his prayer for temporary bail for a period of 2 days to attend the marriage of the brother of the applicant which is scheduled on 28.4.2016.
2) The applicant is convicted under Section 498A, 304(B) read with 34 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for seven years. As per the record annexed to the present application the marriage of the brother of the applicant namely Raghunath is scheduled on 28.4.2016 At Village Shendurn, Taluka Shahapur, District Thane. The learned counsel for the applicant submitted that the presence of the applicant is very much necessary at
Nalawade A.S.
2 /2 the time of marriage and for the religious ceremonies to be performed in the evening of the earlier day. The learned APP. on instructions submitted that the concerned Police Station has verified the said fact from the village. It is a fact that the marriage of the brother of the applicant is scheduled on 28.4.2016.
3) In view of the above, I am inclined to release the applicant on temporary bail on or before 5.00 O'clock of 27.4.2016 upto 5.00 O'clock of 2.5.2016 on the following terms and conditions. (a) The applicant shall be released on temporary bail on or before 5.00 O'clock of 27.4.2016 on his furnishing PR bond of Rs.25,000/- and cash security of Rs.25,000/- with the Superintendent of Prison, Nashik Central Prison, Nashik.
4) The applicant shall surrender himself to the concerned Jail on or before 5.00p.m. of 2.5.2016.
5) While on bail, the applicant shall not contact with any of the witness or witnesses in the village pertaining to the aforesaid crime and shall not threaten the witnesses.
6) After the applicant surrenders before the Jail Authority on or before 2.5.2016 the Jail Authority shall refund the cash security of Rs.25,000/- to the applicant and or his authorized representative within a period of 3 days therefrom without any demur or objection. 7) Application is allowed in the aforesaid terms. 8) All the concerned to act on a copy of this order duly authenticated by the registry of this Court.
(A.S. GADKARI, J.)