Vishal S/O Sagar Giri v. The State Of Maharashtra
by RUPALI RAJESH WAKODIKAR Date:
2023.07.19 14:28:21 +0530 RUPALI RAJESH WAKODIKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 2576 OF 2023 IN CRIMINAL APPEAL NO. 825 OF 2021 Vishal s/o Sagar Giri ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Rupesh A. Jaiswal, for the Applicant.
Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.
DATE : 19 th JULY, 2023 P.C. :
1.
By this application, the applicant seeks his release on temporary bail for a period of two months, on the premise that his mother is to undergo bypass surgery on 20th July, 2023. 1/4
2.
Learned Counsel for the applicant relied on the Medical Certificate of the applicant's mother and other documents, to show that his mother's surgery is scheduled for 20th July, 2023. Learned Counsel for the applicant further submits that the applicant has earlier been released on parole/furlough and that, he has reported well in time and as such, complied with the orders releasing him on parole/furlough.
3.
Learned APP does not dispute the fact, that the applicant's mother's surgery is scheduled for 20th July, 2023. She further states that there are other family members to take care of the applicant's mother. Learned APP has tendered a statement of the applicant's mother, wherein she has stated that her daughter is looking after her and that, the presence of the applicant is also being necessary considering that she is going to undergo a major surgery, to make all the arrangements.
4.
It is not in dispute that the applicant was earlier released 2/4
on parole/furlough and that, he had complied with all the terms and conditions of the said order releasing him on parole/furlough. It is also not disputed that the applicant's mother is to undergo bypass surgery on 20th July, 2023 and as such, she requires hospitalization and looking after by the family members, thereafter. 5.
Considering the aforesaid, we allow the application and release the applicant on temporary bail for a period of three weeks, on the following terms and conditions;
ORDER
(i) The applicant be released on temporary bail for a period of three weeks, on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount; (ii) The applicant, during the said period, shall report the Rajarampuri Police Station, Kolhapur, on every alternate day;
(iii) The applicant shall surrender before the jail 3/4
authorities after three weeks are over, from the date of his release. We make it clear, that without surrendering, no application seeking further extension will be entertained. 6.
The application is accordingly disposed of on the aforesaid terms.
7.
The appeal be listed on 11th August, 2023 for recording compliance of clause (iii) of this order.
8.
All concerned to act on the authenticated copy of this order.
GAURI GODSE, J.
REVATI MOHITE DERE, J.
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