Rama Kaman Dokhore v. The State Of Maharashtra And Another

2024:BHC-AUG:8042 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1605 OF 2024 IN APEAL/510/2023 RAMA KAMAN DOKHORE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Pawan K. Ippar APP for Respondent - State : Mrs. Chaitali Chaudhari - Kutti ...

CORAM : ABHAY S. WAGHWASE, J.

DATED : 18th APRIL, 2024 PER COURT :

1.

Instant application is pressed into service for grant of temporary bail to applicant convict to enable him to attend the marriage ceremony of his brother.

2.

Learned counsel for applicant - convict pointed out that, applicant is lodged in Central Prison, Chhatrapati Sambhajinagar (Aurangabad) on account of conviction recorded by Additional Sessions Judge-2, Hingoli in Special Case (POCSO) No. 48 of 2020. It is further pointed out that, on 21.04.2024, elder brother of convict is getting married and so he intends to attend the marriage. Marriage card is also annexed with the application. 3.

During above hearing, learned APP submitted that,

-2applicant has already tendered application with Jail authorities in above regard. However, she submitted that, the Jail Authorities are going to decide his application. On that day, being Ram Navami, there was holiday and so it was submitted that, Jail Authorities will decide his application on 18.04.2024. Therefore, matter was posted on 18.04.2024 i.e. today at 2:30 p.m.

4.

Today, learned APP has placed on record communication dated 18.04.2024, received from Deputy Inspector General of Prisons (Central Zone), Chhatrapati Sambhajinagar, permitting applicant convict to attend marriage. Certain conditions also seem to be imposed. Therefore, very purpose of temporary bail i.e. to attend marriage is apparently served. Before parting learned counsel for applicant pointed out that, marriage is at Kalamnuri and it takes 5 to 6 hours to reach the marriage destination and so he seeks directions to allow to leave the prison during day time of Saturday i.e. 20.04.2024. 6.

The Prison Authorities to accordingly consider, in their own discretion, as to whether convict can be allowed to leave prison on complying the conditions during day time of 20.04.2024 itself.

-37.

In view of above, criminal application is disposed of. 8.

Parties to act on an authenticated copy of this order. (ABHAY S. WAGHWASE, J.) Tandale