1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.641 OF 2010 Bhimrao Gulabrao Bankar and anr. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.S.K. Barlota, Advocate for applicants. Mrs.Vaishali Shinde, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 1st April, 2010. PER COURT : 1. Heard Mr.S.K. Barlota, learned Counsel for applicants and Mrs.Vaishali Shinde, learned A.P.P. for respondent. 2. This is an application preferred by applicants seeking regular bail in connection with C.R. No.I-66/2009 registered with Kannad Police Station, Dist.Aurangabad for the offence punishable under Sections 498-A, 304-B, 323, 504 and 34 of the Indian Penal Code in pending Sessions Case No.263/2009 before 2 6th Additional Sessions Judge, Aurangabad. 3. At the outset, it is to be noted that applicants had filed criminal application no.2763/2009 before this Court prior to filing of charge sheet and same was withdrawn by learned counsel for applicants on 26th August, 2009 and liberty was granted to them to apply for bail. Thereafter, applicants preferred criminal application no.3757/2009 after filing of charge sheet before this Court, but same came to be dismissed by order dated 13.11.2009. On this background, applicants have preferred the present application for bail. 4. Since, earlier application preferred by applicants after filing of charge sheet i.e. criminal application no.3757/2009 was dismissed by this Court on merits and since there is no change in circumstance, learned counsel on instructions submitted that he does not press application in respect of applicant no.2-Balu Gulabrao Bankar. 5. As regards applicant no.1-Bhimrao Gulabrao Bankar, 3 learned counsel for applicants submitted that said applicant no.1 be granted bail on sympathetic and humanitarian ground i.e. as per the ground no.IV i.e. mother of applicants by name Latabai Gulab Bankar is old aged lady, who is suffering from major depression and hypertension and also as per amendment made by applicant by adding ground No.VIII in the present application. The said amendment discloses that applicant no.1 is having a child of 2 years old and there is nobody to take care of his child except present applicants, and considering the said fact applicant no.1 prayed for his release on bail. 5. In the said context, my Predecessor has given direction on 8th March, 2010 to learned APP to call for the report in respect of the grounds mentioned in respect of illness of the elderly person in the family with a specific report whether there is anybody in the family to look after the elderly person so also to the small kid. 6. Accordingly, learned APP called report and P.S.I. of Kannad Police Station has submitted the report 4 dated 29th March, 2010, which has been produced by learned APP in this Court. On perusal of the contents of the said report, it is seen that on enquiry the Police Personnel found that the lady namely; Latabai Gulabrao Bankar is ill and her mental condition is not proper as well as there is nobody to look after her and her small kid namely Gaurav, aged 2 years in the house, and therefore, there is necessity to have a helping person to look after them. With the said report, the statements of Subhash Wagh, Asaram Sirse and Sau.Shantabai Bankar and xerox copy of the case papers of Latabai which are taken on record and marked at Document `X' Collectively. 7. In the light of the aforesaid matter, it is apparent that mother of applicant no.1 namely Latabai is ill and there is nobody to look after her, and therefore, there is substance in ground No.IV of the present bail application, as well as it is also apparent that there is nobody to look after small kid namely Gaurav, aged 2 years, and therefore, there is also substance in the amended ground No.VIII put forth by the applicant for grant of bail. 5 8. However, considering seriousness of the offence and also considering fact that application of applicant no.1 after filing of charge sheet was rejected by this Court on merits, the present application is being considering only on sympathetic and humanitarian ground to enable the applicant no.1 make alternative arrangement of mother of applicant no.1 and his small kid and that too for limited period for four weeks, and therefore, this application of applicant no.1 is being considered for grant of temporary bail only for a period of 4 weeks that too imposing certain conditions upon him. 9. In the result, the present application is partly allowed and it is directed that applicant no.1 be released on temporary bail for a period of four weeks only on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount on the following terms: (a) After release on temporary bail, applicant no.1 shall give attendance to the concerned police station 6 once in a week i.e. on every Monday between 5 p.m. to 7 p.m. regularly and punctually, till the expiry of period of temporary bail. (b) Applicant shall not tamper with prosecution evidence and shall not influence the prosecution witnesses directly or indirectly. (c) The applicant shall surrender himself with concerned Jail Authorities after completion of 4 weeks from the date of release on temporary bail without fail. 10. The application of applicant no.2 stands dismissed as withdrawn. 11. Criminal Application No.641/2010 stands disposed of accordingly. (SHRIHARI P. DAVARE) JUDGE gas/cri641.10