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Bombay High CourtBA/348/2021disposed off

Rahul S/O Narendra Mehar And Others v. State Of Maharashtra, Thr. Pso, Ps, Pardi, Distt. Yavatmal

2021-04-20Hon'Ble Shri Justice Vinay Joshi2 pages

1 4 ba 348.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 348 OF 2021 Rahul s/o Narendra Mehar and ors.

..vs..

State of Maharashtra, thr. P.S.O.

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s or Judge'

s orders appearances, Court'

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri U.P. Dable, Advocate for Applicants.

Mrs. S.S. Jachak, A.P.P. for Non-applicant/State. CORAM : VINAY JOSHI, J.

DATED : 20/04/2021 Hearing was conducted through Video Conferencing.

2.

Heard. The applicants are seeking provisional bail in Crime No.380 of 2020 registered with Pardi Police Station, District Nagpur relating to the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The bail is claimed for limited period on account of death of mother of Applicant nos. 2 and 3 and grand-mother of Applicant no.1. The death certificate of one Gopikabai Ganpatrao Mehar is produced showing that she died on 11.04.2021. The Applicants contended that the last rites and rituals are being performed from 20.04.2021 to 26.04.2021, of which one invitation card has been produced. The Applicants assured that during their temporary release they will not abscond or committ any offence or tamper with the prosecution evidence. 3.

Learned A.P.P. submitted that, in case of grant of

2 4 ba 348.2021 temporary release, stringent condition like daily attendance to Police Station be imposed. Having regard to the exigency regarding demise of mother of Applicant nos. 2 and 3 following order is passed :

(a) The Applicant (1) Rahul s/o Narendra Mehar (2) Narendra s/o Ganpatrao Mehar and (3) Ravindra s/o Ganpatrao Mehar are released on temporary bail till 27.04.2021 on their executing P.R. bond of Rs.25,000/- each with one or two sureties in the like amount.

(b) The Applicants shall surrender on 28.04.2021 before appropriate authority.

(c) The Applicants shall daily attend concerned Police Station in between 4.00 to 5.00 P.M.

(d) The Applicants shall not tamper with the prosecution evidence in any manner.

(e) Violation of either of the conditions will have impact on their further claim of regular bail, if any. The Application stands disposed of accordingly. JUDGE Trupti