An interim application seeking temporary bail or police escort for the applicant to attend his father's last rites. The court declined temporary bail but directed the applicant to move the DIG for a cost-reduced escort.
Directed applicant to move application before DIG for escort with reduced charges; directed DIG to consider same.
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1/2 IA 1353-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1353 of 2023 IN CRIMINAL APPEAL NO. 1009 OF 2019
Amar Mahadev Aarekar .. Applicant Versus The State of Maharashtra .. Respondent
Mr. Santosh Musale i/b Amit Nalavade for the applicant. Ms.Pallavi Dabholkar, APP for the State.
CORAM: BHARATI DANGRE, J. DATED : 13th APRIL 2023
P.C:-
1 In furtherance of the earlier order, the learned APP has placed on record the charges which would required to be borne if the applicant is permitted to travel under police escort. The said charges are to the tune of Rs.2,47,114/- which the counsel for the applicant state that the applicant will not be in a position to bear the charges.
The learned APP state that if at all the charges are to be reduced or waived, in case of an urgency like the present one, to participate in the last rituals of his father, there is a provision by
Tilak
2/2 IA 1353-23.doc
which the application can be made to the Deputy Inspector General (DIG), who shall the same.
2 Since I am not inclined to release the applicant on temporary bail, but the circumstances warrant that he should be escorted to his home town for attending the last rites of his father, let the applicant move the application forthwith to the DIG and the DIG to consider the same before 5.00 p.m tomorrow i.e. 14/4/2023.
The DIG shall sympathetically consider the application and if possible, reduce the number of police personnel, accompanying the applicant and as it can be seen that the expenses which are worked out, involve six police officers, which, in my considered opinion, is unnecessary.
3 The learned AGP to communicate the order to the DIG.
The Application is permitted to be filed through the counsel for the applicant.
Application is also permitted to be sent through fax/email on the address that will be provided by the learned APP.
( SMT. BHARATI DANGRE, J.)
Tilak
2 issues framed by the court
Whether the applicant can be permitted to travel on police escort to attend his father's last rites without temporary bail.
Whether the claimed police escort charges can be reduced to make them bearable for the applicant.
Amar Mahadev Aarekar
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
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