Archana Arun Salavi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1081 OF 2017 IN BAIL APPLICATION NO. 1808 OF 2017 Archana Arun Salavi ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Niranjan Mundargi i/b Omneel A.Jdhav for the applicant. Ms. Veena Shinde, APP for the State.

API Mangesh Ghanshyam Jamdade P.S.Vishnu Negar.

CORAM:

A.M. BADAR, J.

DATED:

22nd NOVEMBER 2017 PC:- 1.

The applicant/accused in crime No.I- 75 of 2017 registered with Vishnu Nagar police Station, Thane on 17.4.2017 for the offences punishable under Sections 417, 419, 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code at the instance of Vikas Mahtre.

2.

By the instant application, the applicant is claiming temporary bail for the purpose of attending marriage of her Kavita Page 1 of 4

daughter Karuna, which is scheduled to be held on 25th November 2017.

3.

The learned advocate appearing for the applicant/accused argued that this Court vide order dated 29th September 2017 in Criminal Bail Application No.1808 of 2017 (Coram: Revati Mohite Dere, J) had granted similar relief to the applicant by permitting her to attend engagement ceremony of her daughter namely, Miss Karuna by releasing the applicant on temporary bail from 30th September 2017 to 4th October 2017.

4.

The learned APP opposed the application by contending that considering the nature of the offence, the discretion for granting temporary bail need not be exercised. 5.

I have considered the rival submissions and also perused the documents annexed to the application. In fact the present applicant was granted temporary bail to attend Kavita Page 2 of 4

engagement ceremony of her daughter Miss. Karuna, who is now going to marry on 25.11.2017. The applicant has placed on record affidavit of her husband Arun Salvi giving description of marriage ceremony, place of marriage etc. In his affidavit he has stated that the accused will surrender to the concerned authorities soon after the period of temporary bail lapses. It is seen that the applicant has not misused her liberty on the earlier occasion, when she was granted temporary bail.

6.

In this view of the matter, the applicant is entitled for the temporary bail for attending marriage ceremony of her daughter . Therefore,the following order.

ORDER

i) The application is allowed.

ii) The applicant/accused Archana is directed to be released on cash bail in the sum of Rs. 50,000/- for the period from 24th November 2017 till 5th December 2017.

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iii) The applicant shall surrender herself before the concerned jail authorities on 6th December 2017. iv) The applicant shall not tamper with the prosecution evidence.

v) The applicant / accused shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to the Police Officer. during the period for which she is released on temporary bail. vi) The application is disposed of accordingly. vii) The parties to act on authenticated copy of this order. (A.M. BADAR, J ) Kavita Page 4 of 4