Partly allowed

Dnyaneshwar Dhanaji Ingle v. the State of Maharashtra and Another

Bombay HC7 May 2024APPLN/1873/2024

Case brief

AI extract

What is this about?

Convicted applicant sought temporary bail for six days to attend his real sister's marriage, as the parole route could not be decided in time due to election duties. The court granted temporary bail with bonds and surrender conditions and disposed of the application.

What did the court decide?

Temporary bail for 6 days from release; surety bond of Rs.15,000 before trial court; personal bond before jail authority; surrender on expiry; advocate fee of Rs.5,000 payable by applicant.

The State of Maharashtra and Another..Respondents ….. Advocate for Applicant : Shri. Shaikh Kayyum Najir Addl. PP for Respondent / State : Shri. S. D. Ghayal Advocate for Respondent No.2: Shri. A. R. Syed (Appointed) …..

2.It is submitted by learned Advocate for the Applicant that he is the only brother of his sister who is getting married. He submits that for performing certain rituals the presence of the Applicant is necessary in the marriage. He submits that due to shortage of time, the Applicant could not resort to the remedy of the parole before concerned authority who would be busy in the Election Duty.

3.We have heard learned Addl. P. P. for the State and learned Advocate for Respondent No.2. They opposed the Application vehemently. They submit that despite the remedy available to the Applicant under the Prison Manual for Parole, he approached this Court. They submit that in view of the remedy available to the Applicant, this Application be rejected.

4.There can be no dispute in respect of availability of the remedy of Parole. The copy of marriage invitation card is enclosed with the Application which show that the marriage is scheduled on 11.05.2024 in the morning at 10.51 Hrs. We see substance in the contention of learned Advocate for the Applicant that due to shortage of time, the Application for parole would not be prepared and decided within the stipulated time. Considering the ground i.e. marriage of real sister of the Applicant and requirement of his presence for performing certain rituals, we pass the following order:-

(ii)Applicant namely Dnyaneshwar Dhanaji Ingle is granted Temporary Bail for a period of Six (6) Days from the date of his release. He shall execute Surety Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) before the learned Trial Court after release. He shall execute Personal Bond before the concerned Jail Authority. He shall surrender before the concerned Jail Authority on the expiry of the aforesaid period

(iii)The Fees of learned Advocate appointed to represent the Respondent No.2 is quantified at Rs.5,000/- (Rs. Five Thousand Only) to be deposited by the Applicant in this Court within a period of Six (6) days. On deposit of the said amount, it be paid to learned Advocate appointed for Respondent No.2.

Dnyaneshwar Dhanaji Ingle v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Dnyaneshwar Dhanaji Ingle v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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