10 ba 772-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. BAIL APPLICATION NO. 772 OF 2011 Raju Vishnu Patil .. Applicant Vs The State of Maharashtra .. Respondent (at the instance of Kulgaon-Badlapur Police Station vide C.R. No. I-50/2007 (Sessions Case No. 39 of 2008) Mr. N.N. Gawankar i/b Mr. Arfan Sait for the Applicants Ms. A.A. Mane, APP for the State CORAM : P.D. KODE, J. [Vacation Court] DATE : 25th MAY, 2011. PER COURT: 1. A prayer for temporary bail is made by the applicant for attending his wife who is to undergo an operation i.e Abdominal Hysterectomy. The applicant vide earlier order dated 5th May 2011 passed in Cri. Application No. 691 of 2011 was granted temporary bail for a period of one week from 8th May 2011 to 15th May 2011 for the same purpose. The prosecution has not refuted the contention of the applicant that he could not avail benefit of the said order in view of being released on 10th May 2011. The submission of learned counsel for the applicant that the wife of the applicant is to be admitted to the hospital today and her operation is scheduled for tomorrow i.e on 26th May 1 10 ba 772-11.doc 2011 is found to be correct after verification made by the police. Having regard to the said facet and the applicant having duly surrendered after expiry of period for which temporary bail was earlier granted, the prayer made in the application deserves consideration as the purpose for which the earlier temporary bail was granted could not be achieved and for which the applicant alone cannot be said to be at fault. 2. Hence, the applicant is directed to be released on temporary bail in connection with C.R. I-50 of 2007 of Kulgaon-Badlapur Police Station for a period of seven days commencing from 27th May 2011 upon his furnishing P.R. Bond in the sum of Rs. 50000/- ( Rs. Fifty Thousand Only ) with one or two sureties in the like amount subject to the condition that he shall report back to the Prison Authorities on 4th June, 2011. The applicant while on temporary bail, shall report to the the concerned police station once in 24 hours according to his convenience so that his looking after his wife is not disturbed. 3. The learned counsel for the applicant further states that as the applicant would be furnishing the same sureties and he may be granted leave to rely upon the same solvency documents of sureties which he had tendered for furnishing earlier temporary bail. Since the earlier temporary bail was furnished recently, the request deserves consideration and accordingly, such leave 2 10 ba 772-11.doc is accorded. 4. Application stands disposed of in aforesaid terms. 5. The trial Court to act on the authenticated copy of this order. [ P.D. KODE, J ] 3 10 ba 772-11.doc 4