DATTATRAYA BAPU GUNJAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, whose bail application has been rejected on merits, has preferred the present application for temporary bail. The petitioner along with other is alleged to have committed offences under sections 302, 143, 147, 148, r/w 34 of the I.P.C. It is not necessary to go into the merits as the application of the petitioner is already rejected. It is however, submitted that wife of the petitioner is suffering from Cancer and she is at the last stage and, therefore, the petitioner should be granted temporary bail, say for one month, in order to arrange for the funds as well as to meet his wife. In this behalf, Mrs. Pingulkar, APP for the State pointed out on similar plea, the son of the petitioner is already granted bail and, therefore, it is not necessary to extend same facility to the petitioner. Since it is not disputed that the wife of the petitioner is at last stage of cancer, I find that the petitioner should be granted temporary bail for a period of three weeks on imposing certain conditions.

(2.) ACCORDINGLY , petitioner is directed to be released on bail on furnishing solvent surety to the extent of Rs.10,000.00 (ten thousand) and PR bond for like amount, for a period of three weeks from the date of his release subject to condition that he shall report to Chaturshring Police Station, Pune, on every alternate day commencing from the date of his release at any time between 12 p.m. to 5 p.m. and further condition that on expiry of period of three weeks, the petitioner shall surrender before the Superintendent of Jail where he is presently confined and shall give intimation thereof to the lower Court.