Akshay Rangrao Patil v. The State Of Maharashtra And ANR.

1/4 5 IA-1644-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1644 OF 2021 IN CRIMINAL APPEAL NO.80 OF 2020 WITH INTERIM APPLICATION NO.248 OF 2020 Akshay Rangrao Patil ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Ms.Yashasvita Apte for the Applicant.

Mr.S.R.Agarkar, APP for the State.

Mr.Amit Gharate for Respondent No.2.

...

CORAM: BHARATI DANGRE, J.

DATED : JUNE 30, 2021 P.C:- 1.

The present interim application is taken out by the applicant, who is convicted for the offences punishable under Sections 376 (2)(f) of the IPC read with Sections 5 and 6 of the POCSO Act. The applicant is undergoing the sentence pursuant to his conviction and by the present application, the applicant is seeking his release for a limited period so as to enable him to appear for his sixth semester examination of B.A. LL.B. (Five Year Semester Pattern), which is commencing from 1st July, 2021 and would come to an end on 10th July, 2021.

2/4 5 IA-1644-21.doc In terms of the order passed on the last date, learned counsel for the applicant has placed on record the Admit Card issued by Tilak Maharashtra Vidyapeeth, Pune, which admit the applicant for the examination of B.A. LL.B. (Five Year Course), to be conducted in the month of May-June 2021 and as per the calendar, his examination would commence from 1st July, 2021 and would continue till 10th July, 2021. In light of the said Admit Card, it is apparent that the applicant is a student of the said Vidyapeeth and is entitled to take up the examination of sixth semester for fve papers, scheduled on various dates from 1st July, 2021 to 10th July, 2021. 2.

Learned APP has also placed on record a communication from the Superintendent of Kolhapur Central Prison where the applicant is presently housed and it is intimated that in the month of August 2020 and February 2021, in terms of the orders passed by this Court, the applicant was released on interim bail and he appeared for the LL.B. examination. A positive statement is also made that on his release on both the previous occasions, he has reported on time after the period of temporary bail has come to an end. The said communication by the Superintendent of Kolhapur Central Prison, addressed to the learned APP, is taken on record and the statement is accepted.

3.

Learned counsel Mr.Gharat appearing for the intervenor also records his no objection to the request made by the applicant.

3/4 5 IA-1644-21.doc 4.

In light of the situation above, the applicant is held entitled to be released on temporary bail for taking up the examination, which commences on 1st July, 2021. Since the examination of the applicant commences from 1st July, 2021, the Superintendent, Kolhapur Central Prison, is directed to release the applicant on temporary bail today i.e. 30th June, 2021 before 5 p.m.. The applicant shall continue to be on bail till 12th July, 2021 and shall surrender himself before the Superintendent of Kolhapur Central Prison on 13th July, 2021 on or before 12 noon. With the above directions, following order.

: ORDER :

(a) Application is allowed.

(b)Applicant -Akshay Rangrao Patil shall be released on bail in C.R.No.56 of 2015 registered with Alibag Police Station on furnishing P.R. bond to the extent of Rs.20,000/- with one or two sureties of the like amount.

(c)Provisionally he is entitled to be released on cash bail and he shall arrange for the surety as ordered above within one month..

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence.

4/4 5 IA-1644-21.doc (e)The applicant shall surrender himself before the Superintendent of Kolhapure Central Prison on 13th July, 2021 before 12 noon.

5.

Learned APP is directed to inform the above order to the Superintendent of Kolhapur Central Prison, who shall ensure the release of the applicant, as directed.

SMT. BHARATI DANGRE, J