Rajkanya W/O Vilas Mohite v. State Of Mah. Thr. Pso Ps Ner Dist.Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.1142 OF 2022 IN CRIMINAL APPLICATION (BA) NO.449 OF 2022 Rajkanya W/o Vilas Mohite

Versus

State of Maharashtra, through P.S.O., P.S. Ner, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.S. Nayak, Advocate for the applicant.

Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 03/08/2022 1.

The applicant is seeking temporary bail in Crime No.282 of 2021, dated 18.08.2021, registered with Police Station Ner Parsopant, District: Yavatmal, for the offences punishable under Sections 20(c), 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").

2.

The learned counsel for the applicant submits that the application moved by the applicant for grant of bail was rejected by the learned trial Court. However, as the applicant's son is suffering from 'Right Hip Arthrities' and there is a need of Hip replacement, the doctor has advised surgery.

3.

It is stated that there is nobody to look after her son. He therefore, prays for grant of temporary bail of 20 days for the above referred purpose.

4.

The learned APP was granted time to verify the fact about the illness of the son of the applicant and surgery advised by Doctor. The learned APP has verified the same and as per the report, the son of the applicant is suffering from the above referred ailment.

5.

Thus, considering the statement of the learned APP and medical documents filed on record, I am of the opinion that as there is no one to look after the son of the applicant and to take pre and post surgery care the applicant needs to be released on temporary bail. Accordingly I pass the following order:

a) The criminal application is allowed.

b) The applicant shall be released on temporary bail for a period of 20 days, which will start from 12th August, 2022 and end on 1st September, 2022.

c) The applicant undertakes to surrender on 1st September, 2022 and any breach will be taken seriously.

d) The applicant shall attend the Police Station : Sultanpur, Dist. Amravati, everyday in the evening between 05.00 p.m. to 06.00 p.m. during the period of temporary bail.

e) The applicant shall not tamper with the prosecution witnesses.

The criminal application is disposed of accordingly.

[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge