Ulhas S/O Punjaji Chavan v. State Of Mha. Thr. Pso Barshitakli Tal.Barshitakli Dist.Akola And Another
1/3 4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.680/2023 Criminal Appeal No.527/2022 Ulhas V State of Maharashtra and another ********************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
********************************************************************************* Mr. Amol Jaltare, Advocate for appellant.
Ms. Kirti Deshpande, Advocate for resp. no.2. Mr. Doifode, APP for resp. no.1.
CORAM : Vinay Joshi & Valmiki Sa Menezes, JJ. DATE : 07-07-2023 Heard.
2.
This is an application seeking for temporary bail on account of severe illness of mother. The applicant has been convicted by the trial Court for the offence punishable under Section 376 of the Indian Penal Code ("IPC", for short) and sentenced to suffer imprisonment for life. The applicant was in jail for some period prior to conviction and then from 16-07-2022 till date.
3.
The applicant has produced several medical papers to substantiate his contention. We have directed the Investigating Officer to verify about the health condition of mother of the applicant. Upon instructions,
2/3 4 the learned APP would submit that the Investigating Officer has verified the same and found the reasons to be genuine. The Investigating Officer has visited the house of the applicant as well as the hospital where mother of the applicant was admitted.
4.
It is submitted that the applicant's mother is suffering from Kidney and Heart diseases and due to old age the recovery has been difficult.
5.
The Investigating Officer has also brought a certificate of doctor regarding the ailment of the patient. It is applicant's contention that his mother is ailing since long and any unfortunate happens then it would be his permanent loss.
6.
Having regard the above facts, the applicant be released on temporary bail on executing PR Bond and Surety Bond of Rs. 50,000/- for the period of four weeks from today on medical ground of illness of mother. 7.
During that period the applicant shall attend on each Sunday and Wednesday to the concerned Police Station between 10.000 am to 12.00 noon strictly. 8.
The applicant shall surrender on due date.
3/3 4 9.
If applicant commits default in attending police Station then prosecution is at liberty to move for cancellation of this order.
10.
Application stands disposed in above terms.
11.
Steno copy of this order be provided to the parties to act upon.
JUDGE JUDGE Deshmukh