Allowed

Abdulla Gulam Ambia Naje v. State of Maharashtra and Anr.

Bombay HC27 Oct 2023IA/3926/2023

Case brief

AI extract

What is this about?

TheHigh Court granted temporary bail to a convicted applicant pending his appeal to attend his daughter's marriage. The sentence was suspended and the applicant was enlarged on temporary bail with specific reporting terms.

What did the court decide?

Temporary bail granted until 21st November 2023 with conditions to report twice, refrain from contacting witnesses, and surrender by 4.00 p.m. on the last date.

Abdulla Gulam Ambia Naje Vs State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2023)

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IA 3926-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 3926 OF 2023

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IN

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CRIMINAL APPEAL NO. 510 OF 2019

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Abdulla Gulam Ambia Naje...Applicant
Versus
The State of Maharashtra & Anr....Respondents

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Mr. Manas Gawankar for the Applicant.

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Mr. J.P.Yagnik, A.P.P for the Respondent-State.

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PSI Mr. Sawant, Sir J.J.Marg Police Station, Mumbai.

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CORAM : REVATI MOHITE DERE &
 GAURI GODSE, JJ.
 DATE : 27th OCTOBER, 2023

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P.C.:

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1.At the outset, learned Counsel for the applicant seeks leave

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to amend to mask the name of the respondent No.2. Leave granted.
Amendment to be carried out forthwith, during the course of the day.

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1/5

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Wakodikar

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IA 3926-2023.doc

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2.By this application, the applicant seeks suspension of his
sentence and enlargement on temporary bail, for a period of three
weeks, on the premise that his daughter is getting married on 12th
November, 2023.

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2.Learned Counsel for the applicant submits that the
applicant’s wife expired sometimes in June, 2019 and as such, it is
imperative that he is present at the time of wedding of his daughter
which is scheduled on 12th November, 2023. Learned Counsel relied
on the invitation card which is at ‘Exhibit – A’ on page 8 of the
application. He submits that the applicant was released on parole
earlier on two occasions and that the applicant has not abused or
misused the liberty granted to him and that he surrendered in time, as
directed by the authority.

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3.Learned APP has verified the genuineness of the marriage
invitation card which is annexed to the application at Exhibit – A. He
does not dispute the fact that the applicant’s daughter is to get married

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Wakodikar

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IA 3926-2023.doc

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on 12th November, 2023 and that the said marriage is at the venue
mentioned in the wedding invitation card. Learned APP also does not
dispute the fact that the applicant was twice released on parole and
that he has surrendered, well in time. Learned APP also does not
dispute the fact that the applicant’s wife expired sometimes in June,
2019.

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4.Perused the papers. The applicant is convicted by the
learned Special Judge (Designated Court under Protection of Children
from Sexual Offences Act, 2012), Gr. Bombay, vide judgment and
order dated 31st January, 2019, in Special (POCSO) Case No. 603 of
2017, for the offences punishable under Sections 376(2)(f)(i) and 354
of the Indian Penal Code and under Sections 6 and 8 of the Protection
of Children from Sexual Offences Act.

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5.The applicant is in custody from 18th July, 2017. It is not
in dispute that the applicant was released on parole twice and he has
reported well in time. The wedding invitation card which is annexed

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3/5

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Wakodikar

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IA 3926-2023.doc

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at ‘Exhibit – A’ of the application is also not disputed that the marriage
of the applicant’s daughter is on 12th November, 2023.

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6.Considering the aforesaid, the application is allowed and
the applicant’s sentence is suspended and he is enlarged on temporary
bail from 6th November, 2023 to 21st November, 2023, on the
following terms and conditions;

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ORDER

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(i)The applicant be released on temporary bail from 6th
November, 2023 to 21st November, 2023 on furnishing P.R.
Bond in the sum of Rs.15,000/- with one or two sureties in
the like amount;

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(ii)The applicant, during the temporary bail granted to
him, shall report the Neral Police Station on 9th November,
2023 and 16th November, 2023, at any time, between 10.00
a.m. to 01.00 p.m.;

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(iii)The applicant shall not contact the prosecutrix or

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4/5

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Wakodikar

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IA 3926-2023.doc

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any other witnesses concerned with the case, during the said

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period;

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(iv)The applicant shall surrender before the jail
authorities on 21st November, 2023 before 4.00 p.m.

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7.The application is accordingly disposed of on the aforesaid

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terms.

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8.The appeal be listed on 28th November, 2023 for recording
compliance of clause (iv) of this order.

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9.All concerned to act on the authenticated copy of this

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order.

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GAURI GODSE, J. REVATI MOHITE DERE, J.

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5/5

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Wakodikar

Abdulla Gulam Ambia Naje v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Abdulla Gulam Ambia Naje v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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