Vijay Prem Rupani v. The State Of Maharashtra
2023:BHC-AS:35257
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3716 OF 2023 VIJAY PREM RUPANI ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Ganesh K. Gole a/w Adv. Aarif Ali M. Ali for the applicant.
Ms. Veera Shinde, APP for the State.
PSI-Navnath Waghmode, Hill Line Police Station, Ulhasnagar.
------------ CORAM : M. S. KARNIK, J.
DATE : NOVEMBER 29, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for releasing the applicant on temporary bail for a period of two weeks in view of the marriage of the applicant's real sister which is scheduled tomorrow i.e. 30.11.2023.
3.
The date of the incident is 26.05.2023. The applicant is arraigned as the accused in respect of the offence 1/4
punishable under Sections 302, 307, 143, 145, 147, 148, 149 of the Indian Penal Code (hereafter 'IPC' for short) and under Sections 37(1), 135 of the Maharashtra Police Act, 1951 registered on 27.05.2023 vide F.I.R. No.193 of 2023 with Hill Line Police Station, Ulhasnagar, District Thane. 4.
From the record, it is seen that the applicant has surrendered before the Judicial Magistrate First Class, Ulhasnagar on 29.05.2023 whereafter he was taken into MCR. The applicant therefore does not appear to be a flight risk. However, considering that the witnesses are residing in the area of Ulhasnagar and as the request for enlarging the applicant on bail is opposed by learned APP considering the threat to the witnesses, though I am inclined to release the applicant on temporary bail for two weeks, the same will have to be upon imposing conditions.
5.
The Investigating Officer has verified that the applicant's real sister is getting married tomorrow. The invitation card is there on record. The applicant be forthwith released on temporary bail for a period of two weeks on the following conditions :- 2/4
O R D E R
(a) The applicant-Vijay Prem Rupani in connection with F.I.R. No.193 of 2023 registered with Hill Line Police Station, Ulhasnagar, District Thane shall be released on temporary bail for a period of two weeks on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(b) The applicant is permitted to furnish cash bail surety in the sum of Rs.25,000/- for a period of 2 weeks in lieu of surety.
(c) The applicant shall attend the Investigating Officer of Hill Line Police Station, Ulhasnagar, District Thane on every Thursday and Monday between 5.00 p.m. and 6.00 p.m. falling during this period of two weeks from the date of his release.
(d) The applicant shall surrender on the expiry of the period of two weeks before the Judicial Magistrate First Class, Ulhasnagar whereafter further orders of his custody may be made.
(e) The applicant is released but under escort. A plain clothes policeman to accompany him during this period. The charges of Rs.2,200/- per day approximately shall be borne by the applicant. 6.
The application is disposed of.
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7.
The parties to act on an authenticated copy of this order.
(M. S. KARNIK, J.) 4/4