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Bombay High CourtAPPLN/1618/2025application allowed

Jalinder Wishwanath Ghule v. The State Of Maharashtra

2025-05-07Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:13837 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1618 OF 2025 IN CRIMINAL APPEAL NO. 844 OF 2024 Jalinder Vishwanath Ghule, Age : 45 years, Occu. : Agril., R/o. Vikhe Patil Karkhana, Tq. Kaij, Dist. Beed.

... Applicant (Orig. Accused No.9)

Versus

The State of Maharashtra, Through Police Station Officer, Ambajogai Rural, Tq. Ambajogai, Dist. Beed.

... Respondent ......

Mr. M. S. Karad h/f. Mr. S. S. Thombre, Advocate for Applicant Mrs. Vaishali S. Chaudhari, APP for Respondent - State. ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 07 MAY 2025 ORDER :

1.

Present application is for grant of temporary bail on the ground of marriage of applicant's son, who is serving sentence on being convicted by learned Additional Sessions Judge, Ambajogai in Sessions Case No. 60 of 2014.

2.

Learned counsel for applicant submitted that applicant was tried by Sessions Case No.60 of 2014 and held guilty for commission of offence punishable under sections 143, 147, 323,

-2341, 342, 346, 363 and 365 r/w section 149 of IPC. That, this court had rejected the application for suspension of sentence and grant of bail by order dated 20.09.2024. He further pointed out that, applicant's son is getting married. Being father his presence is necessary. Said marriage is proposed on 20.05.2025 and therefore temporary bail of seven days is urged for.

3.

Learned APP opposed on the ground that, there is conviction upon full-fledge trial and this court had already rejected application for suspension of sentence on merits. Learned APP submitted that, though applicant's son is getting married, there is no need for temporary bail of seven days and at the most 3 to 4 days period of temporary bail may be considered. 4.

Perused the papers, more particularly Exh.'B' marriage invitation card. It shows that, groom, namely Avinash Jalindar Ghule is about to get married to one Chandrakala on 20.05.2025 at Jiwachiwadi, Tq. Kaij, Dist. Beed. Some premarriage functions are also proposed on 19.05.2025. Therefore, considering the nature of ceremony and applicant being father, application for temporary bail deserves to be granted. Hence, I proceed to pass the following order :-

-3ORDER I.

The application of temporary bail is allowed. II.

Applicant Jalinder Vishwanath Ghule i.e. convict in Sessions Case No.60 of 2014 by judgment and order dated 04.09.2024 passed by learned Additional Sessions Judge, Ambajogai, be released on temporary bail from 18.05.2025 to 20.05.2025, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions :

[a] During the period of his release on temporary bail, the applicant shall report the nearest police station daily in the evening between 7.00 p.m. to 9.00 p.m. and shall maintain diary of his such visits.

[b] Applicant shall surrender himself to the jail authorities around 12:00 noon on 21.05.2025.

[c] Applicant shall not make contact with informant or his family members and shall not misuse liberty during above period in any manner, which would be prejudicial to the interest of informant and his family.

[d] Applicant shall not travel beyond the place of marriage for any other purpose.

(ABHAY S. WAGHWASE, J.) Tandale