Vivekanand Vijay Ingale v. The State Of Maharashtra And ANR
Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1110 OF 2025 IN BAIL APPLICATION NO. 5110 OF 2024 Vivekanand Vijay Ingale .. Applicant
Versus
The State of Maharashtra & Anr.
.. Respondents ....................
Mr. Chittesh M. Dalmia for Applicant Ms. Mahalakshmi Ganapathy, APP for Respondent No. 1 - State ...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 24, 2025 P. C.
:
1.
Heard Mr. Dalmia, learned Advocate for Applicant and Ms. Ganapathy, learned APP for Respondent No. 1 - State. 2.
On 19.03.2025, this Court passed the following order:- "1.
Not on Board. Mentioned. Taken on production Board. 2.
Heard Mr. Dalmia, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent No.1 - State. 3.
Present Interim Application is moved urgently by the Advocate for Applicant. Permission to move the Application has been granted by the Court last evening when it was mentioned to the Court by placing before the Court examination time table dated 17.03.2025 with respect to impending examination of the Applicant ensuing from 26.03.2025 and upto 29.03.2025. 4.
Learned Advocate for Applicant informed the Court that he has received instructions from the parents of the Applicant who is the student that there is a possibility that the examination might get postponed by one week. Be that as it may, today as per the examination time table issued by Incharge, Director of School of International Relations & Strategic
Studies (SIRSS), University of Mumbai the examination dates are stated therein from 26.03.2025 to 29.03.2025. 5.
Considering the fact that Applicant is a young offender and equally a student pursuing higher education in Mass Media in M.A. from the School of International Relations & strategic Studies (SIRSS), University of Mumbai and is having deep roots in the Society equally as also his family and no previous criminal antecedents, Court is inclined to help him to undertake his examination by granting him interim bail so that his academic year is not wasted.
6.
However because of the difficulty expressed by the learned Advocate for Applicant today before the Court about the date of the examination being not finalised, I wish to give certain directions today for compliance and implementation for further directions to be passed for grant of interim bail to the Applicant later. The following two directions are therefore given by the Court for compliance:- (i) Applicant is incarcerated in Thane Central Prison.
The Jailor / In-charge / Superintendent of the Thane Central Prison, Thane is directed to receive the books of five subjects, namely (i) International Organisation and International Law; (ii) Strategy, Security and InterState Relations; (iii) India In Global Politics; (iv) Indian Naval Mutiny and (v) Concept of Maritime Power In National Security which are the five subjects in which Applicant is going to appear in the final examination from the parents of the Applicant and give the said books to Applicant today itself. This order is passed to enable the Applicant to continue his study and to get prepared for his final examination. The idea of passing this order is to ensure that the academic year of Applicant is not wasted due to his incarceration in prison.
(ii) The In-charge, Director of the School of International Relations & Strategic Studies (SIRSS), University of Mumbai is directed by this Court to inform the final date of the examination programme for MA International Relations and Strategic Studies (Semester II) Revised in respect of the aforementioned 5 papers which the Applicant shall be giving. His name and enrollment number 2023034110001414 as per the examination form issued by the University of Mumbai
are appended at page No.9 of the Application. 7.
Liberty to the Advocate and Applicant's parents to move this Court immediately after the final dates are released to enable this Court to consider the plea of grant of interim bail to the Applicant for undertaking his final examination.
8.
List the Bail Application on Board on 24th March, 2025 for passing further orders."
3.
Pursuant to the directions contained in the above order as also directions which were issued to the Director of the School of International Relations & Strategic Studies (SIRSS), University of Mumbai, Mr. Dalmia has placed before me the Examination Time Table dated 20.03.2025 issued by University of Mumbai with respect to programme of MA International Relations and Strategic Studies (Semester II) ATKT Revised. Same is taken on record and marked "X" for identification. For convenience, same is scanned and reproduced hereunder:-
4.
In continuation to the directions contained in the above delineated order and now that the final time table of the examination has been issued by University of Mumbai, the dates on which examination of the Applicant is scheduled is from 04.04.2025 to 09.04.2025, I am inclined to release the Applicant on interim bail for the purpose of undertaking his final examination on the following terms and conditions:- (i) Applicant is directed to be released on interim bail from 25.03.2025 till 10.04.2025 in connection with C.R. No.514/2024 registered with Malwani Police Station upon furnishing P.R. Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount;
(ii) Applicant is permitted to furnish provisional cash bail of Rs. 15,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs. 15,000/- within a period of one week after his release which shall be accepted by the Trial Court. Applicant shall provide sureties as directed; (iii) Before his actual release from jail, Applicant shall furnish his address where he proposes to reside during the course
of his interim bail and contact number to the concerned Police Station and also to the trial Court;
(iv) During the period of interim bail, Applicant shall report to Malwani Police Station on all dates excluding the examination dates i.e. from 04.04.2025 to 09.04.2025, between 10.00 am to 11.00 am;
(v) Applicant shall surrender himself to the jail authorities of Thane Central Prison on 10.04.2025 at 06.00 p.m.; (vi) Applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses 5.
The concerned Jail Superintendent / In-charge of Thane Central Prison where the Applicant is lodged shall take cognizance of this order and comply with the same as directed.
6.
In view of the above, Interim Application is allowed. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2025.03.24 18:07:04 +0530 RAVINDRA MOHAN AMBERKAR