Javed Noor Mohammed Fakir v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1350 OF 2018 IN CRIMINAL BAIL APPLICATION NO.1865 OF 2018 Javed Noor Mohammed Fakir ...

Applicant V/s.

The State of Maharashtra ...

Respondents Mr. Sachin Devkar i/by Raju D. Suryawanshi, for the the applicant.

Ms. Pallavi Dabholkar, APP for the Respondent State. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 1stNOVEMBER, 2018.

P.C. :

1] Heard learned counsel for the applicant and learned APP. 2] This Application is filed by the accused No.6 Javed Noor Mohammed Fakir, who is arrested in C.R. No.5 of 2017, at the instance of Shahada Police Station and is at present lodged in the Central Prison at Nandurbar, seeking temporary bail for a period of 15 days, in order to attend 40 th day which is to take place on 12.11.2018, on account of the death of his mother and he being the elder son. 4] The learned APP submits that instead of 15 days bail, he may be permitted to travel for attending the said ritual on 12.11.2018 901speaking 1/2

and to return to the prison on the same day.

5] However, considering that he is lodged in Nandurbar Central Prison, whereas the rituals are to take place at Jalgaon, which is approximately 8 hours one way journey, sufficient time is required to be granted to the applicant to attend the ritual. 6] Therefore, the applicant be released on temporary bail for the period of five days from 10th November, 2018 to 14th November, 2018. The bail to be furnished to the satisfaction of the trial Court. 7] The parties to act on the authenticated copy of this order. [DR.SHALINI PHANSALKAR-JOSHI, J.] 901speaking 2/2