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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) No.155 OF 2018 IN CRIMINAL APPEAL No.445 OF 2016
(Anand s/o. Prakash Aadtani Vs. The State of Maharashtra, through PSO, PS Jaripatka, Nagpur)
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Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar's Orders.
Court's or Judge's orders.
Shri Mir Nagman Ali, Advocate appointed as Amicus Curiae. Shri P.S. Tembhare, APP for the Respondent.
CORAM : S.B. SHUKRE , & Z.A. HAQ, JJ. th DATE : 20 MARCH, 2018. Heard the appellant, who is produced before the Court. Shri Mir Nagman Ali, is appointed amicus curiae to assist in the matter. By this application, the appellant is seeking his release on temporary bail in order to enable him to appear for the Third and Forth Semester Examination of Three Years Law Course that the appellant is perusing. Learned amicus curiae invites our attention to the order passed by this Court on 20 th March, 2017 whereby, similar temporary bail for similar reasons was granted by this Court to the appellant. He submits that on the appointed date, this applicant in compliance with the directions issued to him by this Court, had surrendered before the jail authorities. He thus submits that the appellant's conduct discloses his respect for the law.
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So far as the conduct of the appellant is concerned, we have no doubt whatsoever in our mind. He has been complying with the directions issued by this Court. From the documents submitted on record we find that Third Semester Examination of the Law Course of the appellant has already commenced with effect from today. However, there are four more papers to go for which, this applicant can at least be offered an opportunity to appear at the examination. Having regard to the conduct of the appellant and in order to fulfill his inspiration to pursue higher education, we are of the view that even on this occasion, the appellant can be granted temporary bail. Accordingly, the application is allowed. It is directed that the appellant be released on bail on his furnishing a PR Bond in the sum of Rs.25,000/ together with one solvent surety in the like sum on the following conditions : i) this order shall remain valid till 4 th May, 2018 and the appellant shall do well to surrender himself before the jail authorities latest by 4.00 p.m of 4 th May, 2018. ii) the appellant shall attend the Police Station Jaripatka, Nagpur on every Sunday during the period of his release on bail between 4.00 p.m and 5.00 p.m. iii) the appellant shall submit his latest residential address and also the address of his one of his nearest relatives along with contact numbers to the Police
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Station Officer of Police Station Jaripatka, Nagpur. It is clarified that if the appellant completes his formalities as required under this order, he shall be released on bail forthwith. Application is disposed of accordingly. Learned amicus curiae shall be paid his fees as per rules.
JUDGE JUDGE DWW
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