Jagdish Pandurang Madhavi v. The State Of Maharashtra

1 / 2 922-APPA-990-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.990 OF 2018 IN CRIMINAL APPEAL NO.823 OF 2011 Jagdish Pandurang Madhavi .... Applicant versus The State of Maharashtra ... Respondent .......

• Mr.Ayaz Khan, Advocate for the Original Accused Nos.1 & 2. • Mrs.M.H. Mhatre, APP for the State/Respondent. CORAM : B. R. GAVAI & SARANG V. KOTWAL, JJ.

DATE : 10th AUGUST, 2018.

P.C. :

1.

This is an Application for grant of bail during the pendency of the Appeal.

2.

This Application is moved by the Applicant on the ground that the land of the Applicant is being acquired for construction of new Airport. It is submitted that for that the Applicant is required to execute certain documents as also demolish his house and shift to other premises. Nesarikar

2 / 2 922-APPA-990-18.odt 3.

We had directed the learned APP to take instructions in that regard. The learned APP states that if the Applicant executes the power of attorney, in favour of any of the relative, the documentation can be done.

4.

However, on specific instructions as to whether the Applicant was previously released on parole, the learned APP submits that the Police report shows that the Applicant was previously released on parole and has reported back in time. Taking into consideration the genuine difficulty expressed by the Applicant, we are inclined to allow the Application. 5.

The Application is accordingly allowed.

6.

The Applicant is directed to be released on temporary bail of one month, on furnishing bail bond of Rs.15,000/- with one or more sureties in the like amount.

7.

The Applicant shall report to NRI Sagari Police Station on every Sunday.

(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.)