← Library
Bombay High CourtAPPLN/1449/2016application allowed

Rajendra Tejmal Oswal. v. The State Of Mharashtra.

2016-03-09Hon'Ble Shri Justice M.T. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1449 OF 2016 (Rajendra Tejmal Oswal Vs. The State of Maharashtra) ---- Mr. G.K. Thigale-Naik, Advocate for the applicant Mr. A.R. Borulkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 09/03/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant's application for releasing him on temporary bail or in the alternative, for giving escort to facilitate his presence in the wedding ceremony of his daughter between 05.03.2016 to 15.03.2016 was partly allowed by the learned Sessions Judge. It was directed that the applicant be taken to the place of the marriage from 7.00 a.m. on 11.03.2016 till 7.00 a.m. on 12.3.2016 with proper police escort with further directions to the accused to deposit the necessary Escort charges.

3.

Mr. G.K. Thigale-Naik submits that instead of directing to provide escort at the expenses of the

present applicant, the learned Sessions Judge ought to have released the applicant considering the nature of allegations against him.

4.

The FIR filed on record would show that according to the victim, she resided for a period of one month at the house of the principal accused as she thought that he would arrange for her marriage with rich person and that the applicant was attesting witness to the consent terms between the victim and said principal accused.

5.

Considering all the material on record, in my view, the present applicant can very well be released on temporary bail, instead of directing him to pay charges for escort. In the result, the following order. 6.

The applicant be released on temporary bail for a period of two days i.e. from 11th March, 2016 to 12th March, 2016, upon his executing P.R. bond in the sum of Rs. 30,000/- (rupees thirty thousand) and also upon furnishing cash surety of Rs. 30,000/-. The application is accordingly allowed and disposed of.

7.

Hamdast granted.

8.

Parties to act on authenticated copy of this order.

[M.T. JOSHI] JUDGE npj/criapln1449-2016