Dipak @ Badal Dilip Pawar v. State Of Maharashtra

by MULEY SHUBHAM PRAVINRAO Date:

2025.05.15 22:23:29 +0530 MULEY SHUBHAM PRAVINRAO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1897 OF 2025 IN CRIMINAL APPEAL NO.694 OF 2023 Dipak @ Badal Dilip Pawar ...Applicant Vs.

State of Maharashtra & Anr.

...Respondents

----------------- Mr. Vaibhav Gargade for the applicant.

Mr. S. M. Mangaonkar, APP for State.

Ms. Leena Shah for Respondent No.2.

----------------- CORAM :

ADVAIT M. SETHNA, J.

DATE :

15 MAY 2025 (VACATION COURT) P.C.:

1.

Mr. Gargade, learned advocate for the applicant would at the very outset refer to the earlier order passed by this Court dated 14 May 2025, wherein it was recorded that the applicant is seeking to be enlarged on temporary bail on the ground of demise of his father, which took place on 14 May 2025. The applicant is presently lodged in Yerawada Central Prison, Pune in C.R. No.2 of 2019. Learned counsel for the applicant would invite my attention to the death certificate annexed to the application. 2.

Learned APP would not dispute this position. In the peculiar facts and circumstances totally on humanitarian grounds so as to enable the applicant to visit his family and perform the last rites of his father, some

temporary reliefs could be granted to the applicant. In such facts and circumstances, interest of justice would be served by passing the following order:-

O R D E R

i.

The applicant is enlarged on temporary bail to visit his family and perform last rites of his father for three days i.e. 25 May 2025 to 27 May 2025. The applicant be taken from Yerawada Central Prison, Pune on 25 May 2025 to his father's residence Boramani, Tq. West Solapur, Dist. Solapur under the police escort, to be provided by the respondent no.1.

ii.

The police escort party shall be in civil clothes, during the aforesaid period.

iii.

The applicant shall be brought back to the Yerawada Central Prison, Pune by 5.00 p.m. of 27 May 2025, when the applicant shall unconditionally surrender to Yerawada Central Prison, Pune authorities.

iv.

The police escort and incidental charges shall be deposited by the applicant at the Yerawada Central Prison, Pune or with the concerned authority, before leaving the prison.

v.

The applicant shall make necessary arrangement for lodging and boarding of the police escort party, at his own costs. vi.

The applicant shall not contact any accused in the crime and/or other person directly or indirectly involved in the crime. vii.

The applicant shall not use any mobile or phone device during the aforesaid three days period and meet any other person outside his family.

viii.

The police to keep proper watch on the applicant for the aforesaid period.

ix.

It is made clear that this order is passed on humanitarian grounds just to enable the applicant to perform his father's last rites without going into the merits of the matter.

3.

Interim application is disposed of accordingly. 4.

All concerned to act on an authenticated copy of this order. [ADVAIT M. SETHNA, J.]