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Bombay High CourtIA/2630/2021allowed

Jitendrakumar Karansingh Yadav v. Dadra And Nagar Haveli Administration

2021-11-03Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Surendra Pandharinath Tavade2 pages

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2021.11.03 21:02:26 +0530 60 IA 2630 OF 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2630 OF 2021 IN CRIMINAL APPEAL NO.251 OF 2019 Jitendrakumar Karansingh Yadav ...

Applicant

Versus

Dadra and Nagar Haveli Administration ...

Respondent Mr. Vishal Hegde with Mr. Rahul Sinha, Mr. Sagar Shetty, Mr. Akshay Naik, Mr. Asmit A?garwal, for Applicant.

Mr. Saurabh Kshirsagar i/by Mr. Hiten S. Venegavkar, for Respondent. Mrs. P.P.Shinde, APP, for State.

CORAM: S.J. KATHAWALLA & SURENDRA P. TAVADE, JJ.

DATE :

rd NOVEMBER, 2021 ( VACATION COURT ) P.C. :

1.

Rule. Learned Advocate for the Respondent waives service of rule. 2.

The above Interim Application has been preferred by the Applicant through Jail with a prayer to release him on a temporary bail on the ground of pregnancy of his wife, who is due to deliver within one week from today. The Applicant is presently undergoing life imprisonment in connection with the offences punishable under Section 302 of the Indian Penal Code, 1860. 3.

We have perused the averments made in the Application. The learned Advocate appearing for the Respondent states that he has received instructions to the effect that the conduct of the Applicant in jail is satisfactory and on the previous SSP 1/2

60 IA 2630 OF 2021.doc occasions, when he was released on temporary bail/parole, he has surrendered on time.

4.

Considering the above facts and circumstances, we are inclined to grant the prayer made by the Applicant. Hence, the following order : (i) The Applicant shall be released on temporary bail for a period of 30 days from the date of his release on furnishing a personal bond of Rs.20,000/- and upon the usual terms and conditions to the satisfaction of the concerned Jail authority. (ii) Upon expiry of the aforesaid period of 30 days, the Applicant shall forthwith surrender before the concerned Jail authority. (iii) The Application is allowed in the above terms. Rule is made absolute accordingly.

( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2