CRIMINAL v. The State of Maharashtra
Case at a glance
- Decided
- 04 Dec 2008
- Bench
- S B MHASE
Outcome
Allowed
The application is allowed
Provisions considered
Key paragraphs
- Para 22. The learned APP submitted that the parole cannot be granted on a ground of a marriage as per the rules and we find substance in the said contention. However, the learned APP on instructions received from Police Naik Mr. Tonde attached to Police Station…
- Para 66. Criminal Application is disposed of. A.A. SAYED, J.) ((( A.A. SAYED, J.) A.A. SAYED, J.) MHASE, J.) (S.B. MHASE, J.) (S.B. MHASE, J.) (S.B.
Judgment
Mr. Ramakant Paranjpe for the applicant Mrs. M.M. Deshmukh, APP for the State CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 4TH DECEMBER, 2008 P.C.
The applicant is convict in Sessions Case No. 126 of 2001 decided by the Additional Sessions Judge, Baramati on 30th April, 2007. He has been convicted for the offences punishable under sections 302, 148, and 324 of Indian Penal Code. His appeal against the said conviction is pending before this Court being Criminal Appeal No. 476/2007. During the pendency of this appeal he has filed an application for parole on a ground that there is a marriage of his nephew at village Korhale Budruk Thoptewadi, Tal. Baramati, Dist. Pune. :2:
The learned APP submitted that the parole cannot be granted on a ground of a marriage as per the rules and we find substance in the said contention. However, the learned APP on instructions received from Police Naik Mr. Tonde attached to Police Station Baramati, reported that the fact of the marriage in the family of the applicant is true. Therefore, we find that even though the parole cannot be granted still temporary bail can be granted to the petitioner to attend the marriage. The learned Counsel for the petitioner submitted that he requires parole or temporary bail for only three days i.e one day earlier to the marriage and one day after the marriage. Thus he is claiming three days release including the day of marriage. The learned Counsel for the State submitted that it will not be appropriate to allow the petitioner to enter the village Neer-Wagaj, Tal. Baramati Dist. Pune, since the incident has occured at that place.
Taking into consideration overall view of the matter, we pass the following order. :3:
Operative part
The application is allowed.
The prayer for release on parole is hereby rejected. However, the applicant is released on temporary bail of Rs. 30,000/- for the said purpose. The applicant may offer two sureties of Rs. 15,000/- each in the Trial Court. He shall also execute personal bond of Rs. 30,000/-. The marriage is on 7/12/2008. Therefore, if the above compliance is made the jail authorities are directed to release him on 6.12.2008 and he will be entitled to remain out of the jail till 8.12.2008 and he shall surrender to the jail authorities on 9.12.2008. During this period he shall not enter into village Neer-Wagaj and shall stay at Korhale Budruk, Thopatewadi, Tal. Baramati, Dist. Pune.
Criminal Application is disposed of. A.A. SAYED, J.) ((( A.A. SAYED, J.) A.A. SAYED, J.) MHASE, J.) (S.B. MHASE, J.) (S.B. MHASE, J.) (S.B.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application is allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860.
Which court decided this case, and when?
Bombay High Court, on 04 Dec 2008. The bench was S B MHASE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.