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Bombay High CourtBA/1539/2019others disposed off

Suraj Vijay Singh v. The State Of Maharashtra

2019-06-03Hon'Ble Justice Revati Mohite Dere4 pages

1/4 ssp.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1539 OF 2019 Suraj Vijay Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms Deepa Devadiga I/b Prashant Gurav for the applicant Mr.A.R.Kapadnis A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : JUNE 3, 2019 P.C. :

Heard the learned counsel for the parties. By this application the applicant seeks temporary bail for a period of 8 days for attending the marriage ceremony of his sister commencing from 2nd June 2019 to 10th June 2019.

The learned counsel for the applicant relies on the wedding card of the applicant's sister which shows that the wedding is scheduled on 6th June 2019 at 9.00 a.m to 10.30 a.m. She submits

2/4 that the applicant has only one sister and has no parents and hence the applicant wants to attend the marriage ceremony of his sister.

The learned APP opposes the application. He submits that the case is at the fag end and that 22 witnesses have been examined till date and the last witness is to be examined on 10th June 2019. He submits that the applicant may be permitted to attend the marriage ceremony of his sister on 6th June 2019 under police escort, subject to the applicant bearing the escort charges.

At this stage, the learned counsel for the applicant states that the applicant is not in a position to financially bear the cost of the police escort.

Perused the papers. It is not in dispute that the applicant's sister's marriage ceremony is scheduled on 6th June 2010 from 9.00 a.m to 10.30 p.m at Om Murugan Temple, Nerul, Navi Mumbai. The case is at its fag end and as many as 22 witnesses

3/4 have been examined till date and the last witness is to be examined on 10th June 2019.

Considering the peculiar facts of this case and on humanitarian grounds the applicant is permitted to attend the wedding ceremony of his sister on 6th June 2019, under police escort. The police shall take the applicant from Arthur Road jail in the morning of 6th June 2019 at 7.00 a.m and ensure that the applicant is present at the wedding venue at 8.00 a.m. The applicant is permitted to attend the wedding ceremony on 6th June 2019 from 8.00 a.m to 2.00 p.m. Thereafter, the police shall lodge the applicant back in Arthur Road jail. Three police personnel in plain clothes shall be deputed to take the applicant. The police should take all precautions to ensure that the applicant does not abscond. The charges of the escort will be borne by the State, in the peculiar facts.

Learned APP to communicate this order passed today to the Superintendent of Arthur Road Jail by tomorrow i.e 4th June 2019 as well as to the

4/4 Chembur Police Station who will provide necessary escort to the applicant.

The Application is disposed of on above terms. All concerned to act upon an authenticated copy of this order.

REVATI MOHITE DERE, J.