Partly allowed

Devendra S/O Baburao Jagtap v. the State of Maharashtra

Bombay HC18 Dec 2020BA/586/2020

Case brief

AI extract

What is this about?

The High Court refused to grant temporary bail to the applicant, citing the serious nature of the offence and prior rejections. However, on humanitarian grounds regarding his father's illness, it permitted the applicant to meet his father on three specified dates under escort.

What did the court decide?

Applicant permitted to meet father on 04/01/2021, 11/01/2021 and 18/01/2021 between 9.00 a.m. to 05.00 p.m. under escort in plain clothes.

Devendra S/O Baburao Jagtap Vs the State of Maharashtra — Bail and Remand | Bombay HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 586 OF 2020

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Devendra Baburao Jagtap.... Applicant
Versus
The State of Maharashtra.... Respondent

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Ms. Vandana Tiwari for Applicant.
Ms. P. N. Dabholkar, APP for State/Respondent.
Mr. Mohan S. More, PC-041111, I.O., present.

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CORAM:SARANG V. KOTWAL, J.
DATE:18th DECEMBER, 2020

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P.C. :

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1.This is an application for release of the applicant on

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temporary bail for 12 weeks in connection with C.R.No.24 of 2020
registered with DCB.CID. The applicant’s application on merits was
rejected by this court in the past. The order was challenged by way
of Special Leave Petition. The Hon’ble Supreme Court dismissed
that SLP, however, liberty was granted to the applicant to prefer an
application before this court for temporary release on the ground

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of serious illness of his father. Accordingly, the applicant had

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Digitally signed by Pradeepkumar Pradeepkumar P. Deshmane P. Deshmane Date: Gokhale 2020.12.21 15:37:02 +0530

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approached this court for such release.

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2.This court (Coram: Prakash D. Naik, J.) vide order

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dated 22/08/2019 passed in Criminal Bail Application No.112 of
2019 had granted further liberty to the applicant to approach the
trial court for his release on temporary bail on the ground of
illness of his father. Thereafter the applicant had approached the
trial court by filing an application at Exh.213. That application was
rejected.

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3.I have heard the learned counsel for the applicant and
the learned APP for the State.

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4.The learned counsel for the applicant submitted that,
applicant’s father is critically ill. He is 87 years of age. The
applicant is in custody since past 11 years, therefore, on the
humanitarian ground, he should be granted temporary bail for a
period of 12 weeks.

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5.Learned APP opposed this application by filing an
affidavit. In that affidavit it is specifically mentioned that, on
verification it was found that the applicant’s father was moving
around independently and was not critically ill. The applicant’s
elder sister is staying with his father and she could take care of his
father.

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6.I have considered the record of this case. The offence is
very serious. The applicant’s application on merits was rejected in
the past. Considering the background of this case, I am not
inclined to grant temporary bail to the present applicant. However,
purely on humanitarian ground I am permitting the applicant to
meet his father with escorts.

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7. Hence, the following order :

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ORDER

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(i)The applicant is permitted to meet his father on
04/01/2021, 11/01/2021 and 18/01/2021
between 9.00a.m. to 05.00p.m.

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(ii) The applicant shall be taken to meet his father under escorts in plain clothes.

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(iii) The number of escorts and the security measures to be taken shall be decided by the jail authorities in consultation with the I.O. of this case.

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(iv) All the protocols and rules prescribed in the current situation of Covid-19 Pandemic shall be strictly followed.

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(v) The expenses for the escorts shall be borne by the State Government on humanitarian ground.

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(vi) The application stands disposed of accordingly.

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(SARANG V. KOTWAL, J.)

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Devendra S/O Baburao Jagtap v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Devendra S/O Baburao Jagtap v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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