Partly allowed

Moru @ Moreshwar Namdeo Rathod v. the State of Maharashtra and Another

Bombay HC9 Dec 2024APPLN/2244/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Bench at Aurangabad, granted temporary bail to a convict lodged under a POCSO case to enable him to attend his grandmother's last rituals for seven days, subject to payment of escort charges.

What did the court decide?

Temporary bail granted for 7 days from 11.12.2024 for attending last rituals, subject to payment of escort charges and return to prison by 5:00 p.m. to 6:00 p.m.

Moru @ Moreshwar Namdeo Rathod Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2024)

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2024:BHC-AUG:28829

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1-Cri.Appln.2244.2024

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{1}

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 2244 OF 2024 IN APEAL/512/2024 WITH

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CRIMINAL APPEAL NO. 512 OF 2024

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MORU @ MORESHWAR NAMDEO RATHOD VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Applicant : Mr. Rishabh Patil h/f. Mr. Satej S. Jadhav APP for Respondent - State : Mr. D. R. Korade

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CORAM : ABHAY S. WAGHWASE, J. DATED : 09 DECEMBER, 2024

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PER COURT :-

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Learned counsel for applicant points out that, on application, the word ‘temporary bail’ was inadvertently left out. He seeks permission to carryout amendment. Permission granted. Amendment to be carried out forthwith.

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This is an application for temporary bail.

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Learned counsel for applicant pointed out that, applicant

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is a convict in Special Case (POCSO) No. 396 of 2022 by virtue of order dated 13.03.2024 and since then he is lodged in Harsul Prison suffering sentence. Learned counsel submitted that, his grandmother,

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{2} 1-Cri.Appln.2244.2024

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namely, Mathurabai Lala Rathod expired on 02.12.2024 and her 10^th day rituals are proposed to be held on 11.12.2024 i.e. day after tomorrow. Learned counsel submits that, he being grandson, is required to attend the same and hence prayers are raised for temporary bail for 7 days.

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Learned APP submitted that there is no objection if applicant is to attend rituals ceremony which is on 11.12.2024, but learned APP opposed for grant of 7 days temporary bail as prayed for.

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After considering the submissions and on going through the papers, it transpires that on account of conviction by learned Special Judge, Aurangabad in Special Case (POCSO) No. 396 of 2022, applicant is held guilty and is lodged in Central Prison, Harsul. He has questioned the judgment of conviction by way of Criminal Appeal No.512 of 2024 and the same is pending before this court. Today, temporary bail is prayed for on account of losing grandmother. On record, death certificate and printed invitation card is placed regarding condolences message and schedule of last rituals proposed to be held from 11.12.2024 to 14.12.2024. Learned counsel made a statement across the bar that 10^th day ritual is on 11.12.2024 i.e. day after tomorrow.

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1-Cri.Appln.2244.2024

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{3}

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Taking the death certificate as well as condolences card i.e. Article “A” and Article “B’’ into consideration, applicant’s prayer for temporary bail deserves to be granted to enable him to attend last rituals of his grandmother. Hence, I proceed to pass the following order :

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ORDER

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(I) Application is thus partly allowed subject to payment of escort charges.

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(II) On payment of escort charges, jail authorities/escort party to arrange for shifting applicant from Central Prison Harsul to Hiwarkheda (Gau), Tq. Kannad, Dist. Chhatrapati Sambhajinagar on 11.12.2024, subject to payment of necessary escort charges.

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(III) He shall be taken by Escort Party in the morning of 11.12.2024 and be brought back in prison between 5:00 p.m. to 6:00 p.m.

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(IV) Parties to act on an authenticated copy of this order.

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( ABHAY S. WAGHWASE ) JUDGE

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Tandale

Moru @ Moreshwar Namdeo Rathod v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Moru @ Moreshwar Namdeo Rathod 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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