Ramesh Krishna Bhoir vs The State Of Maharashtra
2017 Latest Caselaw 1894 Bom

                                                                                   3b. cri wp 1426-17.doc


RMA      
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL WRIT PETITION NO. 1426 OF 2017


            Ramesh Krishna Bhoir                                           .. Petitioner

                                  Versus
            The State of Maharashtra                                       .. Respondent

                                                   ...................
            Appearances
            Ms. Rohini Dandekar Advocate (appointed) for the Petitioner
            Mr. H.J. Dedia      APP for the State
                                                    ...................



                              CORAM        : SMT. V.K. TAHILRAMANI &
                                               M.S. KARNIK, JJ.
                              DATE         :   APRIL 20, 2017.


            ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :

            1.           Heard both sides.




            2.           Rule.       By consent of the parties, Rule is made

            returnable forthwith and the matter is heard finally.




            3.           The petitioner has prayed for temporary bail on account

            of his daughter's marriage which is to take place on

            28.4.2017.             The appeal preferred by the petitioner against


            jfoanz vkacsjdj                                                                     1 of 3




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his conviction and sentence under Section 302 of IPC is

pending before this Court. The said Appeal is numbered as

Criminal Appeal No. 1356 of 2011.




4.           The Jail Chart of the petitioner shows that he was

released on two occasions on furlough i.e on 12.1.2013 and

1.1.2016. On both these occasions, he reported back to the

prison on due date on his own.         In addition, the petitioner

was released on parole on three occasions.                      On two

occasions i.e on 10.4.2012 and 19.8.2013, he reported back

to the prison on his own, however, on one occasion i.e on

2.3.2015, he reported back to the prison on his own though

after a delay of 30 days. As far as this delay of 30 days is

concerned, the petitioner had preferred an application for

extension of parole which is still pending.       If the application

is granted, it would not be a case of overstay.




5.           Looking to the above facts and the fact that the

conduct of the petitioner in prison is good, we are inclined to



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grant temporary bail to the petitioner for a period of one

month. Hence, the following order:

                                      ORDER

i. The petitioner to be released on temporary bail

for a period of one month in the sum of Rs.

15000/- [ Rs. Fifteen Thousand Only ] with one

or two sureties to make up the said amount

and P.R. Bond in the like amount.

ii. During the period that the petitioner is on bail,

he shall report to Karjat Police Station once in

a week.

iii. The petitioner should report back to the prison

after one month from the date of his release

on temporary bail.

6. Rule is made absolute in the above terms.

[ M.S. KARNIK, J. ]                   [ SMT. V.K. TAHILRAMANI, J. ]




jfoanz vkacsjdj                                                           3 of 3