1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.155/2011 (Sunil Mahadeorao Pali .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Mahesh Singh, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J. DATED : APRIL 01, 2011 Heard. The applicant/accused charge sheeted by Police Station, Wadgaon Road, Yavatmal for committing murder of one Yogesh Damodar Palkandwar within the area under the said Police Station at Yavatmal district by assaulting him with knife along with co-accused on the count of having married with a girl hailing from the community to which the applicant belong and in custody since 5.9.2010 has prayed for bail for a period of one month on compassionate ground for looking after his father admitted at Arneja Hospital, Nagpur due to suffering from serious ailment of heart and advised to go urgently angioplasty for the same. The prayer is mainly founded for making the arrangement for the same and for being nearby his father while undergoing such an operation. The learned counsel for the applicant has pressed for the prayer mainly on the ground that the same would enable the applicant to discharge his duty towards the ailment of his father and granting the same is unlikely to cause any prejudice to anybody. It is urged that the bail granted would be used for the purpose for which the 2 same is sought and will not be misused for any other oblique purpose. It is urged that the applicant will abide all the conditions as would be imposed by the court while granting the bail as prayed. By making reference to the decision of the Apex Court in the case of Dara Gaddi .vrs. State of Bihar, 1986 SCC (Cri) 543 and of this Court in the case of Nandkumar Pandurang Ghadge .vrs. State of Maharashtra, 2007 ALL MR (Cri) 658, it is urged that bail being granted for such a purpose merely because the prayer for bail made by the applicant on merits being negatived by court of session would not be a ground for negativing the prayer by which restoration of liberty of the applicant for specific purpose is sought. Though prayer for bail on compassionate ground has been negatived by the Court of Session vide order dated 15.3.2011, the reply filed by the prosecution reveals that upon verification made by investigating agency the fact of father of applicant being admitted at Arneja Hospital, Nagpur suffering from such ailment and having been advised to undergo angioplasty urgently is found to be true. Having regard to submissions canvassed in support of the prayer made and after taking into consideration the decisions pointed and question of grant of bail being always required to be considered by balancing the right of individual liberty and danger to the society at large in event of grant of bail and denial of bail being never for punitive purpose and as in the instant case, after taking into consideration the period which has passed after commission of offences allegedly by the applicant and the same being committed at Yavatmal and not at Nagpur, it appears unlikely that grant of prayer would be putting the society at large at peril as apprehensions regarding danger to the society at large and/or to the witnesses for the trial against the applicant can be taken care of by imposing appropriate conditions, the prayer made can be considered on the compassionate/humanitarian ground for which the same is sought. 3 Needless to add that grant of the same may serve the purpose of affording an opportunity to under-trial son to serve the father who is suffering from serious ailment without putting society at large in danger. The applicant is directed to be released on bail for a period of 15 days from the date of his release, after furnishing P.R. Bond in the sum of Rs.1,00,000/- with one surety in the like amount and subject to the conditions that the applicant : (i) after his release on bail, shall stay within the jurisdiction of Sitabuldi Police Station, Nagpur and shall attend the said Police Station every day in between 7 pm to 8 pm, shall not leave the area of said Police Station without the permission of the trial court; (ii) shall use the bail for the purpose of arranging necessary medical treatment and so also for being nearby his father while undergoing operation, shall not misuse the same for any other purpose, (iii) shall not attempt in any manner to enter the area of Yavatmal district nor shall attempt to contact directly or indirectly any of the witnesses cited in a trial against him; (iv) shall not commit any offence while on bail granted vide this order. (v) shall surrender before the trial court after the period mentioned in the order is over. (vi) In event of breach of any of aforesaid condition the bail granted by this order will stand cancelled automatically and the Police will be at liberty to arrest the applicant forthwith subject to submitting report of the same to this court. The application stands disposed of. Hamdast allowed. JUDGE Gulande