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Bombay High CourtAPPLN/2200/2015application allowed

Suresh S/O Nivrutti Shep v. The State Of Maharashtra

2015-04-27Hon'Ble Shri Justice V.M. Deshpande3 pages

G.A.G.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH

AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No.2200/2015.

In Criminal Appeal No. 381 Of 2015.

SURESH S/O NIVRUTTI SHEP.

VERSUS

THE STATE Of MAHARASHTRA Appearance :- Mr. Sudarshan Salunke, Advocate for the Applicant. Mrs. S.G. Chincholkar, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. DESHPANDE, J.

DATE :

27th APRIL, 2015.

PER COURT :- Heard Mr. Sudarshan Salunke, learned counsel for the Applicant and Mrs. S.G. Chincholkar, learned Additional Public Prosecutor.

[2] The applicant is convicted for the offences punishable under Section/s 18(b) and 46 read with Section 32 of N.D.P.S. Act and directed to suffer Rigorous Imprisonment for ten years and to pay fine of Rs. One Lakh and in default of payment of fine amount, to suffer Rigorous Imprisonment for one year.

[3] The learned counsel for the applicant invited my attention to R-1 which is marriage invitation card which shows that daughter of present applicant namely Ravina is to be married on 9th May, 2015. Pre marriage functions are to commence on 8th May, 2015. The applicant is the father, who has to play important role in the marriage of his daughter. [4] The applicant was on bail throughout and at no point of time, he has misused the liberty granted to him. In that view of the matter and looking to the fact that marriage ceremony of the daughter of the applicant is scheduled to be held on 9th May, 2015, which requires presence of father i.e. present Applicant, prayer of applicant - SURESH S/O NIVRUTTI SHEP to release him on bail for one week can be favourably considered. In that view of the matter, I pass the following order :-

ORDER

(i) Applicant - SURESH S/O NIVRUTTI SHEP shall be released on bail for a period of one week i.e. from 7th May, 2015 till 11th May, 2015 on he executing PR Bond of Rs. One Lakh with two solvent sureties.

(ii) Bail before trial court.

(iii) The applicant shall surrender himself before the learned Special Judge, (NDPS), Ambajogai on 12th May, 2015 at 11.00 a.m., sharp.

(iv) With this Criminal Application is disposed of.

(v) Needless to mention, the applicant shall be at liberty to move afresh for bail, after surrender.

(V.M. DESHPANDE, J.)