Shaktisingh Deepaksingh Dudhani v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2025 OF 2015 Shaktisingh Deepaksingh Dudhani ..Petitioner.

versus State of Maharashtra and others ..Respondents.

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Ms. Nagma Tandon for the Petitioner.

Mrs. A.A. Mane, Addl. P.P. for the State.

PSI Mr. Ahiwale from Swargate Police Station, Pune and Mr. D.B. Patil, Jailor from Yerwada Jail, Pune present.

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CORAM : A.S. GADKARI AND C.V. BHADANG, JJ.

(VACATION COURT) 22nd May 2015.

P.C. :

The Petitioner has preferred the present Petition thereby seeking parole for three months for performing the marriage of his sister. 2.

Heard the learned counsel for the Petitioner and the learned APP. Perused the report produced by the learned APP from Swargate Police Station, Pune.

3.

It is not in dispute that the marriage of the sister of the Petitioner is scheduled on 28th May, 2015 at Gultakadi, Dyeplot, Pune. It is also an admitted position that the Petitioner has been convicted under Section 302 read with Section 188 of the Indian Penal Code and has been directed to undergo the life imprisonment. The Petitioner is

2/3 presently undergoing the sentence.

4.

Taking into consideration the fact that the presence of the Petitioner is required at the time of the marriage of his sister as the Petitioner is going to perform the religious ceremony of 'Kanyadaan', we are inclined to release the Petitioner on a temporary bail for a period of three days which would start from 9.00 a.m. on 27th May, 2015 and would come to an end on 5.00 p.m. on 30th May, 2015 on the following conditions :

i) The Petitioner shall be released from jail on temporary bail after his furnishing a surety bond of Rs.10,000/- and one or two sureties in the like amount to make up the said amount; ii) The Petitioner shall be released from jail at 9.00 a.m. on 27th May, 2015 in necessary and requisite police escort. The escorting party shall be in civil dress;

iii) It is needless to mention that the Petitioner before his release from jail shall deposit the necessary and requisite escort charges as prescribed by the rules and regulations as framed by the Government of Maharashtra with the competent authority; iv) The Petitioner shall surrender back to the jail authority on or before 5.00 p.m. on 30th May, 2015;

v) If the Petitioner avoids to surrender to the jail authority on or before 5.00 p.m. on 30th May, 2015, the escorting party shall

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The Petition is allowed in the aforesaid terms. All the concerned parties to act on an authenticated copy of this order.

(C.V. Bhadang, J.) (A.S. Gadkari, J.)