1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.547 OF 2010 IN CRIMINAL APPEAL NO.132 OF 2004 Ramkrishna S. Mourya Applicant versus State of Maharashtra Respondent Mr.S.V.Marwadi for applicant. Mr.Jayesh Yaganik, APP for the respondent-State. CORAM : B.H.MARLAPALLE AND MRS.MRIDULA BHATKAR, JJ. DATE : 04th May 2010 PC : 1. Heard Mr.Marwadi, learned counsel for the applicant (accused no. 2). Criminal Appeal No.132 of 2004 has been filed by accused nos.1 and 2 against an order of conviction and sentence passed in Sessions Case No.312 of 2009 by the learned Additional Sessions Judge, at Palghar. The said appeal has been admitted by this Court on 28th January 2004 and his plea for bail of accused no.1 has been rejected. Whereas, accused no.2 (present applicant) was released on bail on the following conditions :- (i) bail of Rs.15,000/- with two solvent local sureties; 2 (ii) accused no.2 shall not change his place of residence i.e. Chawl No.1, Vajpayee Chawl, Hanuman Tekadi, Vevur, Tal.Palghar; (iii) accused no.2 shall report to Palghar Police Station once in a week i.e. on every Sunday between 10.00 a.m. to 11.00 a.m.. 2. The applicant states that his aged mother is ailing and, therefore, he is required to visit his native village i.e. Kolvan, Post Duru, Arjun, District Gazipur in Uttar Pradesh. The applicant states that he is required to be away from Palghar for about four weeks and, therefore, he seeks temporary suspension of bail condition nos.2 and 3 reproduced hereinabove for the said period of four weeks. 3. Mr.Yagnik, learned APP has pointed out that accused no.1 is the son of present applicant and as per order dated 21/22nd April 2010 the accused no.1 has been released on parole leave for a period of two weeks. Mr.Marwadi states on instructions that accused no.1 is required to surrender on 6th May 2010. Mr.Yagnik, learned APP states that it would not be appropriate to grant exemption to the applicant unless accused no. 1 surrenders. 4. Mr.Ram Avtar Mourya, who claims to be the childhood friend of the applicant, is present before us along with the applicant and Mr.Ram Avtar Mourya is ready to stand as a surety for the applicant. We have spoken 3 to Mr.Ram Avtar Mourya who has a business at Palghar and is residing at Palghar for the last more than 25 years. He holds an identity card issued by the Election Commission with his address at Palghar and he is aware of the consequences in case the applicant does not return to Palghar after the expiry of four weeks. The Police Station concerned is at liberty to verify the status of Mr.Ram Avtar Mourya as a surety for the applicant. 5. Criminal Application is disposed by passing following order :- A) We allow this application and permit Mr.Ramkrishna Subhagga Mourya to visit village Kolvan, Post Duru, Arjun, District Gazipur in Uttar Pradesh so as to meet his ailing mother; B) He shall furnish the surety of Mr.Ram Avtar Mourya in the sum of Rs.15,000/- (Rs.Fifteen thousand only) and the applicant shall report to the Police Station at Palghar on expiry of four weeks period from the date of departure; C) He will be allowed to leave the boundaries of Palghar Police Station only if accused no.1 Mr.Gorakhnath Ramkrishna Mourya surrenders to the jail so as to undergo his sentence; D) We suspend condition nos.2 and 3 of the bail order only for a period of four weeks commencing from the date of departure so as to leave for Village Kolvan, Post Duru, Arjun, District Gazipur in Uttar 4 Pradesh; E) The applicant shall intimate the date of departure and the full address of the place where he would be visiting in Uttar Pradesh; (MRS.MRIDULA BHATKAR, J.) (B.H.MARLAPALLE, J.)