ndm 1 appa.1336.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1336 OF 2009 IN CRIMINAL APPEAL NO. 542 OF 2004 Noor Mohammed Abdul Gafoor. ... APPLICANT Vs. The State of Maharashtra. ... RESPONDENT -------------- Mr. J.J. Bordeskar i/b Mr. S.R. Mithare for Applicant. Mrs. V.R. Bhosale for the State. -------------- CORAM : B.H. MARLAPALLE, & R.Y. GANOO, JJ. DATE : 11 th December, 2009. P.C. 1 We have heard Mr. Bordeskar holding for Mr. S.R. Mithare for the Applicant who is undergoing life sentence with the Central Jail at Kolhapur and Criminal Appeal No. 542 of 2004 filed by him is pending before us. 2 As per the Applicant, his sister Maryambi is scheduled to get married on 13 th December, 2009 and therefore, he prays for his release on temporary bail to attend the said wedding ceremony. ndm 2 appa.1336.09.sxw 3 Mr. Anand Balaji Patade, Police Sub Inspector, D.N. Nagar Police Station, Andheri (West) Mumbai, had filed an affidavit today and he has verified that the marriage is scheduled to take place at Kaveri Co- operative Society, Road No.1, Dadabhai Road, Andheri (West), Mumbai on 13 th December, 2009. However, it has been pointed out that when the applicant was released on furlough leave from 12 th October, 2009 till 10 th November, 2009, he abused the brother of deceased on 08.11.2009 and N.C. No. 3991 of 2009 came to be registered for the offence punishable under Sections 504 and 323 of the Indian Penal Code. The applicant also lodged a cross N.C. complaint. The affiant further states that it is not safe to release the applicant on temporary bail more so when the family of the deceased stays in the same locality. 4 The learned counsel for the applicant submitted that the applicant may be allowed to attend his sister’s wedding under an escort and he is ready to remit / bear the expenses. 5 We therefore, direct the Superintendent, Kolhapur Central Jail, Kolhapur to provide for necessary escort and to take all steps for enabling the applicant to attend his sister’s marriage on 13.12.2009 at Mumbai (Kaveri Co-operative Society Hall, Road No. 1, Dadabhai Road, ndm 3 appa.1336.09.sxw Andheri (West)), Mumbai and that he reaches the marriage ceremony by the said escort at about 10:00 a.m. and he be taken back by 08:00 p.m. under an escort and re-admitted in the very same jail, provided the applicant to deposit an amount of Rs. 10,000/- with the same jail authorities by tomorrow before 01:00 p.m. towards the escort charges. Balance amount if any remains after escort charges be refunded to the applicant. 6 Parties to act on an authenticated copy of this order. [ B.H. MARLAPALLE, J ] [ R.Y. GANOO, J ]