Anil Shivaji Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.835 OF 2017 in CRIMINAL APPEAL NO.312 OF 2014 Anil Shivaji Patil Applicant/Appellant.

Vs State of Maharashtra Respondent .

Ms.Rohini Dandekar for Applicant Mr.Rajendra Bidkar for Appellant Mr.J.P.Yagnik APP for State CORAM : RANJIT MORE & SARANG V. KOTWAL,JJ DATED: 16 JUNE 2017.

P.C.:

1.

Heard learned counsel for the Applicant and the learned APP.

2.

Perused the report of P.I.Dapoli police station dated 16.6.2017.

3.

The Applicant is convicted for offence punishable under sections 326 and 341 IPC and is sentenced to suffer imprisonment for life. The present Application is sent through jail by the Applicant for 1/3

temporary bail.

4.

Admittedly, bail is claimed on the ground that the Applicant wants to marry the victim girl and the marriage between them is scheduled to be held on 20.6.2017. The Applicant has annexed an Affidavit of the victim girl. In her Affidavit, she has stated that her marriage with the Applicant is scheduled on 20.6.2017 and the Applicant may be released on temporary bail for a period of two months. The Invitation card for the marriage is also annexed with the Application.

5.

Yesterday, we asked Mr.Yagnik learned APP to verify this position. Accordingly, the above referred report is filed by P.I.Dapoli police station. The report shows that the Applicant is getting married with the victim girl on 20.6.2017.The Applicant was granted furlough leave for the period between 20.4.2017 to 19.6.2017. The learned Counsel for the Applicant states that the Applicant may not be knowing the above fact that the 30 days period was extended by the High Court and he has already surrendered in jail. In any case, the Applicant is in Kolhapur Central Jail. However, the fact remains that he is getting married with the victim girl on 20.6.2017.

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6.

In the above circumstances, we dispose of the application by the following order :

O R D E R

(a) The Applicant is directed to be released on temporary bail for a period of eight days i.e. between the period from 19.6.2017 to 26.6.2017 on his furnishing cash bail in the sum of Rs.20,000/- and P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount. The Applicant shall report to Panhala police station, Kolhapur every day except on the date of his marriage. (b) The Applicant shall surrender to the jail authorities on 27.6.2017.

All concerned to act on an authenticated copy of this order attested by the Court Sheristedar.

(SARANG V. KOTWAL, J) (RANJIT MORE, J.) 3/3