KISHOR B. JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who is facing trial under the N.D.P.S. Act in the Court of Special Judge, Mumbai, had applied to the High Court by way of Cri. Application No. 707 of 1996 for temporary bail. This Court by its order dated 4th April 1996 modified the order passed by the Special Judge (Narcotics), Greater Bombay and granted temporary bail to the petitioner to perform certain religious rites which were necessary due to death of his father. This Court imposed certain conditions and granted temporary bail for 21 days on furnishing solvent security to the extent Rs.1,00,000/- with PR Bond in the like amount. The said period of 21 days was to expire on 16th May 1996. Before expiry of this period, on 15th May 1996, the petitioner moved the High Court by way of Criminal Application No. 1175 of 1996 for extension of temporary bail till 25th May 1996 on the same terms and conditions contained in the order passed on 4th April 1996. By an order dated 15th May 1996, this Court extended the period till 25th May 1996 on the same terms and conditions. It is contended by the petitioner that though the High Court had granted him extension of bail, because the said order was not communicated to the Jail authorities the escort took him to Yervada Central Prison on 16.5.1995 Today, in the instant criminal application, applicant has prayed that he may be released on temporary bail for a period of 10 days since there was order to that effect passed by this Court, which he could not avail of on account of non-communication of the same to the jail authorities. In the circumstances, I see no reason why the petitioner should not be released on temporary bail for a period of 10 days from the date of release from the prison to unable him to perform the last ceremonies of immersion of the ashes of his deceased father.

(2.) THE petitioner is, therefore, directed to be released on temporary bail for a period of 10 days from the date of his release from prison to enable him to perform the last ceremonies of immersion of the ashes of his deceased father, on his furnishing solvent security to the extent of Rs-1.00.000/- (Rupees one lac) with PR bond in the like amount on the following conditions : -