Avinash Prabhakar Waikar v. The State Of Maharashtra
2024:BHC-AUG:23763
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4158 OF 2024 IN BA/1077/2024 AVINASH PRABHAKAR WAIKAR
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. Yadkikar A. A.
APP for Respondent-State : Mr. S. P. Sonpawale. ...
CORAM : S. G. MEHARE, J.
DATE :
04.10.2024 PER COURT :- 1.
Issue notice to the respondent.
2.
Learned APP waives service of notice for the respondentState. 3.
The applicant seeks temporary bail in Crime No.121 of 2022, registered with Kotwali Police Station, District Ahmednagar, for the offences punishable under Sections 409, 420, 467, 468, 471, 120-B read with Section 34 of the IPC. 4.
The applicant seeks temporary bail for attending the 10th day post death ceremony of his mother, who died on 26.09.2024. He had applied for temporary bail before the Sessions Court. But, it could not reach. Hence, he withdrew
that application and approached this Court for the same relief. The applicant is the borrower of the Bank. However, he has been arraigned as an accused and languishing in jail. There is no reason to disbelieve the applicant that his mother has been died on 26.09.2024. If he is allowed to attend the 10th day post death ceremony of his mother, no harm would be caused to the prosecution. Therefore, in the interest of justice, the following order is passed :
O R D E R
(i) Application for temporary bail is allowed.
(ii) Applicant AVINASH PRABHAKAR WAIKAR be released on temporary bail from today till 10.10.2024 on executing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, on furnishing undertaking that he would surrender to the concerned Jail Authority on 11.10.2024, at 10.00 a.m., on the following conditions :
(a) The applicant should not tamper with the prosecution witnesses.
(b) He should not misuse the liberty granted to him and do not use temporary bail except for post death ceremony of his mother.
(c) Learned counsel for the applicant is directed to make a statement before this Court that the applicant is surrendered to the Jail Authority as observed above.
(S. G. MEHARE, J.) ...
vmk/-