appa.672.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.672/2011 IN CRIMINAL NO.406/2011 Deepak Baban Walilkar & Ors. APPLICANTS VS. STATE OF MAHARASHTRA RESPONDENT Mrs.V.R.Raje for applicants Ms.Pushkarini Kulkarni i/b Mr.K.S.Patil for Original Complainant Mr.D.P.Adsule,APP for State CORAM: NARESH H.PATIL & MRS.MRIDULA BHATKAR,JJ. DATE-15TH JUNE,2011. P.C. . Heard. 2 The applicants have prayed for temporary bail for attending the marriage of the daughter of applicant no.5 Jagannath Bedkya Walilkar. The applicants were convicted and sentenced to suffer life imprisonment for the offence punishable under section 302 of the Indian Penal Code in Sessions Case No.431/2006 by judgment and order dated appa.672.11 2 31/3/2011. 3 Learned counsel for the applicants has annexed marriage card with the application. The marriage of Swati,daughter of applicant no.5 Jagannath, is going to be performed on 18/6/2011 at 6.05 p.m. at Patidar Bhavan,Dombivali-East, Near Regency Estate, Kalyan Shil Road. 4 Learned A.P.P.after taking instructions submits that he opposes the relief prayed for in this application. Learned A.P.P. submits that the applicants are involved in a serious crime. Apart from that it will be unsafe to bring the accused from Kolhapur and lodge them again in that prison. Learned counsel for the applicants submits that the applicants undertake to deposit the necessary charges for providing adequate escort for bringing the applicants to the marriage site and after performing the marriage ceremony their lodgment in jail. Learned A.P.P. submits that the applicants have to deposit Rs.15,000/- towards the expenses of the escort. 5 We have considered the submissions advanced by both the counsel. We find that the daughter of applicant no.5 is going to get married on 18/6/2011 at 6.05 p.m.. We are not appa.672.11 3 inclined to consider the prayer on behalf of applicant nos.1 to 4, but the applicant no.5 being father of Swati,his case deserves consideration. 6 Learned counsel for the applicant submits that the applicant is detained in Kolhapur Jail. However, we are informed by the A.P.P. that he is brought in Thane Jail as his trial is going on and getting over today. We,therefore,direct the Superintendent of Thane Jail to keep the applicant in Thane Jail till 18/6/2011 morning. We direct the Superintendent of Police/Commissioner of Police,Thane to provide necessary escort consisting one Head Constable/ A.S.I. and three police persons to applicant no.5 who is permitted to attend the marriage ceremony of Swati, which is going to be performed on 18/6/2011 at 6.05 p.m. on the address stated above. 7 The applicant no.5 be taken to Patidar Bhavan, Dombivali East on 18/6/2011 at 10 a.m.. He will remain at Patidar Bhavan till 7-30 p.m. and attend the marriage ceremony. He should be taken back on 18/6/2011 by night train after 7.30 p.m. and should be produced in Kalamba-Kolhapur Jail in the morning as soon as the train reaches there. appa.672.11 4 8 The report of compliance in that respect should be submitted to this Court on 21/6/2011. 9 A.P.P. to communicate this order to the Superintendent of Police,Thane/Commissioner of Police, Thane. 10 The applicant no.5 shall deposit an amount of Rs.15,000/-with the Superintendent of police towards the expenses of escort facility. 11 On depositing the amount of expenses i.e. Rs.15,000/-, the order passed by us shall be complied forthwith. 12 Parties to act upon the authenticated copy of this order. Application stands disposed of. (MRS.MRIDULA BHATKAR,J.) (NARESH H.PATIL,J.)