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Bombay High CourtAPPA/299/2018others disposed off

Imran Moula Kalawant v. The State Of Maharashtra

2018-02-27Hon'Ble Shri Justice A.M. Badar2 pages

sr.901.appa.299.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPICATION NO.299 OF 2018 IN CRIMINAL APPEAL NO.1066 OF 2015 Imran Moula Kalawant ...

Applicant / Appellant V/s.

The State of Maharashtra ...

Respondent .....

Ms.Nasreen Sajid Khalique Ayubi for the applicant. Mr.S.V. Gavand, APP for the respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 27th FEBRUARY 2018.

P.C. :

1.

This is an application for extension of temporary bail for further period of 30 days.

2.

Heard Ms.Ayubi learned advocate appearing for the applicant / accused. She argued that surgery of the mother of the present applicant is postponed to 4th week of March due to hyper tension and anaemia and as such the temporary bail needs to be extended.

Vina k.

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sr.901.appa.299.2018 3.

The learned APP opposed the application.

4.

The applicant came to be enlarged on temporary bail only because his mother was to undergo surgery of spine and there was nobody to look after his mother. This was done by order dated 22nd January, 2018. The certificate of the medical officer shows that now the surgery of mother of the applicant is postponed to the 4th week of March, 2018. If that is so, then the applicant would require to take care of health of his mother after 4th week of March, 2018 and therefore there is no propriety in extending the temporary bail at this stage. Therefore, the following order: ::ORDER::

(i) Application is rejected.

(ii) Applicant should surrender himself before the concerned prison.

(iii) Liberty to move appropriate application at the appropriate time.

(A.M.BADAR J.) Vina k.

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