1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1103 OF 2010 Vijay Hiraman Gavane ..Applicant V/s The State of Maharashtra ..Respondent. ..... Mr.R. S. Shinde, Advocate for applicant. Mr.P.P. More, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 22nd March, 2010. PER COURT : 1. Heard Mr.R. S. Shinde, learned Counsel for the applicant as well as Mr.P.P. More, learned A.P.P. for respondent. 2. This is an application preferred by the applicant seeking temporary bail to perform his own marriage on 27th March, 2010. 3. The applicant is charged for the offence punishable under Sections 302, 143, 147, 148, 149, 2 323, 324, 427 of the Indian Penal Code and was arrested under C.R. No.I-308/2007 registered at Rahuri Police station, Dist.Ahmednagar and he is under judicial custody presently. It is a matter of record that the applicant had preferred the bail application no.3919/2008 earlier and same was rejected by this Court by order dated 4th December, 2008. While rejecting the said application, this Court directed the trial Judge to dispose of the Sessions case No. 7/2008 as early as possible within a period of six months from the said date. It is also a matter of record that thereafter, the applicant had preferred another application no.1869/2009 and same also came to be rejected by this Court by an order dated 01.10.2009 and while rejecting the said application, this Court directed the learned trial Judge to ensure time scheduled scrupulously. It is reported that the learned trial Judge sought extension for disposal of the said Sessions Case no.7/2008 and time has been extended till 30th April, 2010. 4. On the aforesaid background, the applicant had preferred the present application but for 3 temporary bail contending that his engagement ceremony is fixed on 25th March, 2010 and the marriage is fixed on 27th March, 2010. The applicant has even annexed the xerox copy of the invitation card of marriage ceremony at Exhibit-F. The learned Counsel for applicant submitted that engagement and marriage ceremony is fixed subject to grant of permission of this Court. According to the learned Counsel for applicant, the applicant's mother is old aged and ill and it is her desire that applicant's marriage should be performed during her life time. Hence the present application. 5. The learned A.P.P. opposed the present application and submitted that considering the complicity of applicant in the alleged offence his earlier two bail applications were rejected, and therefore, the applicant is not entitled to be released for temporary bail even for his own marriage. The learned A.P.P. also urged that the trial is in progress and same is part heard and next date thereof is fixed at 5th April, 2010 and the said trial can be conducted on day to day basis and such directions can 4 be issued to the learned Judge, and therefore, there is no necessity to grant temporary bail to the applicant as prayed for by him, in the present application. 6. Considering the rival submissions advanced by the learned Counsel for the parties, admittedly earlier two applications preferred by the applicant are rejected as aforesaid. Pertinently, although the applicant has stated in the present application that his engagement is fixed on 25th March, 2010 and marriage is fixed on 27th March, 2010 subject to prior permission of this Court, the applicant has proceeded to print the invitation card and xerox copy thereof is annexed at Exhibit-F without prior permission of this Court. The said conduct of the applicant speaks volume for itself. Moreover, illness of mother of applicant and her desire to perform applicant's marriage during her life time, can not be the ground for fixation of marriage of applicant when he is in jail and facing the trial which is part heard, and therefore, the present application for temporary bail for the said purpose can not be granted and same deserves to be 5 rejected. 7. It is seen from the record that the trial of the Sessions Case No.7/2008 was expedited by this Court by order dated 4th December, 2008, and it is reported that the extension has been granted by this Court till 30th April, 2010 and the next date thereof fixed is 5th April, 2010. In the circumstances, the learned trial Judge is directed to conduct the hearing of the said trial on day to day basis as far as possible and decide the same within time bound period scrupulously. The parties shall not seek any adjournment in the said trial unless warranted for emergent reasons and unavoidable circumstances. 8. In the result, the present application stands dismissed with aforesaid observations. 9. The Registry to inform the above observations to the trial Judge forthwith. (SHRIHARI P. DAVARE) JUDGE gas/cri1103.10 6