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Bombay High CourtAPPA/543/2023allowed

Abdul Jahid @ Raju Abdul Rashid v. The State Of Mah, Thr P.So. P.S. Wadgaon Road, Yavatmal

2023-05-03Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Bharat P. Deshpande3 pages

1 27.appa.543.2023

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 543 OF 2023 IN C RIMINAL APPEAL NO. 310 OF 2019 Abdul Jahid @ Raju s/o Abdul Rashid ..vs..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.W. Mirza, Advocate for the applicant.

Shri Rode, A.P.P. for the non-applicant/State. CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ. DATED :

03/05/2023.

Heard.

2.

This is an application seeking for temporary bail on account of marriage of real sister of the applicant scheduled on 11.05.2023 at Yavatmal.

3.

The application is supported with marriage invitation card. It is applicant's contention that in past, he was released on parole on three occasions and in pandemic period, he was released for six months from the jail. The applicant has surrendered himself on each and every occasion as well as during said period no offence was registered against the applicant. 4.

It is submitted that the applicant's younger sister is about to marry, which is last marriage of his siblings. The applicant assured to maintain the peace and given undertaking that he would surrender within stipulated period of two weeks. It is submitted that for marriage ceremony temporary bail be granted for two weeks from

2 27.appa.543.2023 08.05.2023 to 22.05.2023.

5.

The Non-applicant/State resisted the bail application on account of gravity of the offence and likelihood of abscondance.

6.

We have considered the rival submissions. It is not denied that the applicant was released on four occasions in past and had surrendered within stipulated period. He has maintained the peace during the said period. Considering the applicant's past record and the reason of temporary bail, we passed the following order : (a) The application is allowed and disposed of. . Corrected as per oral instructions of His Lordship.

(b) The applicant/accused Abdul Jahid @ Raju s/o Abdul Rashid be released on temporary bail during the period from 08.05.2023 to 22.05.2023 on his furnishing P.R. bond of Rs.25,000/- with one or two sureties in the like amount before the Trial Court.

(c) The applicant/accused shall attend the concerned Police Station in between 10.00 am to 12.00 noon on every Tuesday and Saturday during the period of temporary bail.

(d) The applicant/accused shall not commit any offence during the period of temporary bail nor participate in anti social activities.

(e) The applicant shall supply his residential address and Cell number to the concerned Investigating Officer.

3 27.appa.543.2023 (f) Breach of either of condition would be considered at the time of his further request for parole or furlough leave.

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 09.05.2023 18:45