Bombay High Court
Mahesh Ashok Patil vs The State Of Maharashtra on 17 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1777 OF 2022
IN
CRIMINAL APPEAL NO. 752 OF 2018
Mahesh Ashok Patil ... Applicant
Versus
The State of Maharashtra ... Respondent
......
Ms.Madhavi Ayyappan i/b. Talekar and Associates for the Appellant.
Mrs. P.P. Shinde, APP for the Respondent - State.
......
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
DATE : 17th JUNE 2022.
P. C. :
1. Heard learned Counsel for the parties.
2. By this interim application, the applicant seeks temporary bail
on account of delivery of his wife for a period of three months,
pending the hearing and final disposal of the appeal.
3. Perused the papers.
4. The applicant has been convicted for the offences punishable
under Sections 302, 307, 143, 147, 148, 323, 504, 506 read with
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149 and Section 120B of the Indian Penal Code ('I.P.C.') and has
been sentenced to suffer imprisonment for life with fine of Rs. 2000
vide judgment and order dated 23 rd April, 2018 passed by the
learned Additional Sessions Judge, Kolhapur in Sessions Case No. 63
of 2013. Aggrieved by the said judgment and order, the applicant
has filed the aforesaid appeal.
5. It appears that the applicant had earlier filed an application
seeking suspension of sentence, however, the said application was
disposed of as withdrawn. It also appears that the applicant is in
custody since December, 2013 and was released on regular parole
for 45 days on 16th September, 2019 and on furlough for 28 days on
27th November, 2019. It also appears that the applicant was granted
parole during the Covid- 2019 pandemic and has now surrendered
pursuant to the order passed by the Apex Court. It appears that the
applicant when on Covid bail, got married to one Ms. Yadnyaseni
Sunil Ghorpade on 6th June, 2021.
6. According to learned Counsel, the applicant's wife was found
to be anemic during her pregnancy and that the Doctor had advised
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her to take complete bed rest for having a safe delivery. Learned
Counsel has annexed the case papers of the applicant's wife (Exhibit
C of the petition). According to learned Counsel, the applicant and
his brother are the only male members in their family, consulting of
the applicant's mother, grandmother and his wife. Learned Counsel
further submits that there is no one in the family, except the
applicant to take care of his wife, since the applicant's only brother
is also undergoing life imprisonment with him. She further submits
that the mother of applicant is 66 years old and is ailing and bed
ridden due to an accident, whereas, the grandmother is 87 years old.
She further submits that the applicant has not misused his liberty
whilst on parole/ furlough and covid parole and that the applicant
has also surrendered, pursuant to the order passed by the Supreme
Court. She further submits that if the applicant is released on
temporary bail,then he can make necessary arrangements for his wife
and his new born child of few days.
7. It is not in dispute that the applicant's wife has delivered a
child on 8th June, 2022. It is also not disputed that there is no other
member in the family of the applicant to look after the child and to
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make necessary arrangements. We are informed that even the family
members of the applicant's wife have no contact with the applicant's
wife and as such the applicant's wife has no support from her family.
8. Having regard to the peculiar facts and circumstances of the
case, we allow the interim application, on the following terms and
conditions :
ORDER
(i) The applicant be released on cash bail in the sum
of Rs. 10,000/- till 15th July, 2022;
(ii) The applicant shall attend the concerned Police
Station twice in a week on Tuesday and Saturday
between 10:00 a.m. to 11:00 a.m, until 15th July, 2022;
(iii) The applicant shall surrender before the jail
authority on 16th July, 2022.
(iv) The interim application stands disposed of.
9. The matter to be placed under the caption "regarding
compliance of surrender of the applicant" on 18th July, 2022.
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10. It is made clear that no further application seeking extension
of temporary bail shall be entertained by this Court.
11. All concerned to act on the authenticated copy of this order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2022.06.17
17:54:04 +0530
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