High Court partly allowed a bail application seeking temporary release for the applicant to attend his father's funeral and perform post-death rituals (
Bail granted for 10th and 13th day funeral rituals on December 26th and 29th, 2021, with police escort; applicant to bear all transport charges.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.1717 OF 2021
Aditya S/o Sudhakar Cholake
...APPLICANT
VERSUS
The State of Maharashtra
...RESPONDENTS
Mrs. Rashmi S. Kulkarni Advocate for Applicant. Mr. D.R. Kale, P.P. for Respondent-State.
CORAM: SMT. VIBHA KANKANWADI, J.
DATE : 23rd DECEMBER, 2021
ORDER :
the father of the applicant expired on 17th December 2021. It
also appears from the record that has been produced that applicant had made an attempt to move the learned Sessions Judge by filing application at Exhibit – 42 on 18th December 2021 allowing him to attend the funeral. However, it appears that
since special PP appointed in the matter, who resides at Mumbai, could not remain present and though say was called, nobody
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from the prosecution gave say, that application was not decided by learned Sessions Judge.
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O R D E R
i) The Application stands partly allowed.
ii) Applicant is allowed to be taken from the jail where he is presently lodged to the place where the 10th day rituals are planned on 26th December 2021.
iii) It is made clear that the custody of the present applicant be handed over to the special team that would be made available by the District Superintendent of Police, Ahmednagar on 25th December 2021 and the applicant may be lodged in the nearby police lock-up and by taking the information as to when the Dashkriya Vidhi would be performed and the venue of the same, applicant be taken to that place. All the rituals of 10th day should be over by the evening of 26th December 2021 at any cost and the applicant should be lodged in the police lock-up at the nearby police station. Thereafter till 29th December 2021 in the morning the applicant would be at the same place.
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iv) Thereafter, applicant be taken to village Kolhar, TalukaRahata, District-Ahmednagar in the morning of 29th December 2021 for the 13th day rituals and after those rituals are over, he be taken back to the jail from where the custody was taken.
v) All this should be done by the team that would be made available, as aforesaid, and the applicant to bear the entire charges of the team which should be deposited with the Office of the District Superintendent of Police, Ahmednagar on or before 25th December 2021.
vi) With these directions, this application stands disposed of.
[ SMT. VIBHA KANKANWADI , J. ]
asb/DEC21
2 issues framed by the court
Whether bail can be granted to an applicant to attend the funeral and perform post-death rituals (Uttar Sanskar)?
Whether the applicant should be permitted to undergo rituals while ensuring security and completing custody arrangements before returning to jail?
Aditya S/o Sudhakar Cholake
The State of Maharashtra
VIBHA KANKANWADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
