Bombay High Court
Suresh Ramchandra Pawar vs State Of Maharashtra And Anr on 7 June, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
2023:BHC-AS:14916-DB
908. IA-1966-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1966 OF 2023
IN
CRIMINAL APPEAL NO. 1241 OF 2019
ALONGWITH
CRIMINAL APPEAL NO. 1241 OF 2019
Suresh Ramchandra Pawar ...Applicant/Appellant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Dhananjay Rananaware A/W Mr. Manjeet Lotankar for the
Applicant/Appellant.
Mrs. P.P.Shinde, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 7TH JUNE, 2023
P.C. :
1. By this application, the applicant seeks his release on
temporary bail for a period of one month in order to enable him to
attend the marriage of his only daughter and to perform the rituals.
Wakodikar 1/5
::: Uploaded on - 07/06/2023 ::: Downloaded on - 08/06/2023 21:02:16 :::
908. IA-1966-2023.doc
2. Learned Counsel for the applicant submits that the
applicant's only daughter is to get married on 12 th June, 2023 and
prays that the applicant be released on temporary bail to attend the
wedding ceremony of his daughter and to perform all rituals in the
marriage, as father. Learned Counsel relied on the invitation card
which is at Exhibit - A on page 8 of the application.
3. Learned APP has verified the genuineness of the marriage
invitation card which is annexed to the application at Exhibit - A. She
does not dispute the fact that the applicant's daughter is to get married
on 12th June, 2023. Learned APP, however, opposes grant of
temporary bail for a period of one month. Learned APP, when
questioned, whether the applicant was released on parole or furlough
on any earlier occasion, submits that the applicant was released on
furlough on one occasion and that he has reported on time as per the
order granting furlough.
Wakodikar 2/5
::: Uploaded on - 07/06/2023 ::: Downloaded on - 08/06/2023 21:02:16 :::
908. IA-1966-2023.doc
4. Perused the papers. The applicant is convicted by the
learned Additional Sessions Judge-3, Sangli, vide judgment and order
dated 16th December 2018 in Special (POCSO) Case No. 216/2014
for the offences punishable under Sections 376(2)(i) and 506 of the
Indian Penal Code and under Sections 6, 11(ii) and 12 of the
Protection of Children from Sexual Offences Act and was sentenced to
suffer life imprisonment and to pay a fine of Rs. 30,000/-. The
applicant is presently undergoing his sentence in Kolhapur Central
Prison. The applicant's appeal is pending before this Court. It is not
in dispute that the applicant was released on furlough and that he has
not misused the liberty whilst on furlough leave. It is also not in
dispute that the applicant's only daughter is getting married on 12 th
June, 2023.
5. Considering the aforesaid, we release the applicant on
temporary bail from 9 th June, 2023 to 15 th June, 2023 on the
following terms and conditions;
Wakodikar 3/5
::: Uploaded on - 07/06/2023 ::: Downloaded on - 08/06/2023 21:02:16 :::
908. IA-1966-2023.doc
ORDER
(i) The applicant be released on temporary bail from 9 th
June, 2023 to 15th June, 2023 on furnishing P.R. Bond in the
sum of Rs.10,000/- with one or two sureties in the like
amount;
(ii) The applicant, during the temporary bail granted to
him, shall report the Palus Police Station on 10 th June, 2023
and 13th June, 2023, at any time, between 8.00 a.m. to
12.00 noon;
(iii) The applicant shall surrender before the jail
authorities on 15th June, 2023 before 4.00 p.m.
6. The application is accordingly disposed of on the aforesaid
terms.
7. The appeal be listed on 19th June, 2023 for recording
compliance of clause (iii) of this order.
Wakodikar 4/5
908. IA-1966-2023.doc
8. All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
Wakodikar 5/5
