The court granted temporary bail to the applicant to attend religious ceremonies for his deceased father's thirteenth-day ritual, allowing escort-free release with specific police supervision conditions.
Applicant directed to be taken to Shahada for rituals on 17.02.2023 from 9 a.m. to 6 p.m. with police escort; no escort charges to be recovered.
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.
(7)BA-482-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.482 OF 2023
| Nanya @ Sunil Mohan Thakre | ] .. |
Applicant |
|---|---|---|
| vs. | ||
| State of Maharashtra | ] .. |
Respondent |
Mr.Suraj Naik i/b Roshan Hule for the Applicant. Ms.P.P. Shinde, APP for the State.
CORAM : BHARATI DANGRE, J
DATE : 16th February, 2023.
P.C.
1] By the present Application, the Applicant seek his release on temporary bail for a period of 15 days on the ground that his father has expired on 06.02.2023 and he need to perform his last rituals and rites.
It is specifically mentioned in the Application that certain rituals are required to be performed on 16.02.2023 and 17.02.2023 and therefore, he should be released on temporary bail for a period of 15 days.
2] My attention is invited to an earlier order passed by this Court on 14.02.2020, when this Court has released the Applicant on temporary bail, in order to enable him to attend the last rites of his mother.
1/3
(7)BA-482-2023.doc
3] However, in the present case, the father of the Applicant has expired on 06.02.2023 and last rituals are already performed, but in order to enable him to attend certain ceremonies on 17.02.2023 i.e. tomorrow, I deem it appropriate to pass the following order, which is specifically passed purely on humanitarian considerations, so that the Applicant shall be part and parcel of the rituals that are scheduled for 13th day, on the demise of his father.
4] It is informed that the Applicant is presently housed in Nandurbar Jail and in order to commemorate the rituals of his father which are scheduled to take place at his residence in Shahada, the Applicant is required to be taken to his residence.
Hence, the following order :
O R D E R
i] The Applicant be taken to his residence at Shahada for participating in religious ceremonies to be held on 17.02.2023, at 9.00 a.m. in the morning and he shall be permitted to be there till 6.00 p.m.
The police personnel from Shahada Police Station shall obtain custody of the Applicant from Nandurbar Jail to take him to his house at Shahada and they shall remain, there throughout the abovesaid time and thereafter with the police escort, he shall be handed over to the prison authorities in Nandurbar.
ii] The police escort team shall comprise of one API, at least two Police Constables, which may include one Head Constable, who shall remain alongwith the Applicant throughout his presence in his house.
2/3
(7)BA-482-2023.doc
iii] Needless to state that since the travel of the Applicant is necessiated for attending last rituals of his father, no escort charges shall be recovered from him.
iv] The learned APP to communicate the order to the concerned.
Bail Application is disposed off in the abovesaid terms.
[BHARATI DANGRE, J]
3/3
Nanya @ Sunil Mohan Thakre
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
