Pankajsing S/O Kallusing Dudhani v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6932 OF 2016 Pankajsing s/o Kallusing Dudhani, Age: 30 years, Occ: Business, R/o. Swami Nagar Zopadpatti, Ambarnath, Thane.

..APPLICANT

VERSUS

The State of Maharashtra through Police Inspector Kallamb, Ta. Kallamb, Dist. Osmanabad.

..RESPONDENT Mr S.A. Gaikwad, Advocate for applicant;

Mr A.V. Deshmukh, Addl. Public Prosecutor for respondent CORAM : A.S. CHANDURKAR,J.

DATE : 22nd DECEMBER, 2016 ORAL ORDER :

Notice is made returnable forthwith. The learned Additional Public Prosecutor waives service of notice on behalf of the respondent.

2.

It is submitted that the applicant has been arrested in connection with Crime No. I-127 of 2012 registered at Kalamb Police Station, District Osmanabad for the offences punishable under

(2) Sections 395, 365, 341 of the Indian Penal Code and Sections 3(1)(ii), 3(2), 3(4), 4(5) of the Maharashtra Control of Organized Crimes Act, 1999 and is presently lodged at Central Prison, Aurangabad. In the application it is stated that son of the applicant expired on 6th December, 2016 and the applicant desires to be released on interim bail so that other religious rites could be completed.

3.

The application is opposed by the learned Additional Public Prosecutor and it is submitted that considering the gravity of the offence under which the applicant has been arrested, he does not deserve to be so released.

4.

Considering the fact that the son of the applicant has expired on 6th December, 2016, the applicant is directed to be released on interim bail for the period of six days in connection with Crime No. I-127 of 2012 registered at Kalamb Police Station, District Osmanabad for the offences punishable under Sections 395, 365, 341 of the

(3) Indian Penal Code and Sections 3(1)(ii), 3(2), 3(4), 4(5) of the Maharashtra Control of Organized Crimes Act, 1999, on furnishing P.R. bond of Rs.15,000/- with one surety in the like amount. After completion of necessary formalities, the applicant shall be taken in police escort at his expense at Swami Nagar Zopadpatti, Ambarnath, Thane.

The applicant shall be so taken on 26th December, 2016 and shall be brought back by 31st December, 2016.

The applicant shall report at Ambarnath Police Station, District Thane on 28th December, 2016.

5.

With these directions, the application is disposed of.

The authenticated copy of this order be supplied to the parties.

(A.S. CHANDURKAR, J.)

(4) Tupe