{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1917 OF 2010 IN CRIMINAL APPEAL NO.537 OF 2009 Javed Khan s/o Salam Khan Pathan Age-44 years, Occ-Labour R/o H.No.1-9-55, Behind Hotel Samidh, University Gate, Aurangabad APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Begumpura Police Station, Aurangabad RESPONDENT ....... Mr.A.B.Gaikwad, Advocate for the applicant Mr.Vinod Godbharle, APP for respondent State ....... [CORAM : A.V.POTDAR, VACATION JUDGE] DATE: 14th May 2010 PER COURT: 1. This is an exceptional criminal application. Though there is no provision for temporary / interim bail in the Code of Criminal Procedure, yet the applicant has prayed that in view of peculiar circumstances and considering the exceptional case, by the extra ordinary powers vested in this Court, the applicant, be {2} released on temporary / interim bail for a period of one week. 2. The applicant is convicted in Sessions Case No. 247/2006 for an offence punishable u/s 302 of the IPC for committing murder of his wife vide judgment and order dated 03.11.2007 and presently undergoing imprisonment during the pendency of the criminal appeal preferred by him challenging the sentence. The application filed by the applicant seeking regular bail during the pendency of criminal appeal was rejected by the Division Bench of this Court. 3. By way of this application, the applicant has prayed to grant him temporary bail for a period of one week to attend the marriage of his daughter Ayesha, which is scheduled on 16th May 2010 and the reception dinner is scheduled on 17th May 2010. The applicant has annexed the wedding and reception cards along with the present application. 4. It is urged that since last more than 4 years and 9 months the applicant is undergoing sentence and during this period, on two occasions, the applicant was released on parole. It is asserted that the applicant has surrendered before the jail authorities after the parole period was over. In the premise, learned APP was directed to ascertain the truth in the said submissions. Accordingly, a report is received from the Central Prison, Aurangabad that the applicant was released on parole on {3} two occasions, firstly for 10 days between 30th January 2009 and 10th February 2009 and secondly for a period of 30 days between the period 22nd December 2009 and 22nd January 2010. It is informed that on both the occasions, the applicant was surrendered before the jail authorities after the parole period was over. In view of the said report, it can be inferred that if the applicant is released on temporary bail for a period of one week to enable him to attend the marriage of his daughter, he would not abscond. 5. It is submitted that as the applicant is undergoing sentence on the allegations of committing murder of his wife i.e. mother of bride Ayesha, and hence it is desirable to allow at least the father / the applicant to attend the pre and post marriage ceremonies of his daughter. 6. Considering the past record of the applicant and on humanitarian ground, in the peculiar circumstances and as a exceptional case, the prayer of the applicant requires to be granted, however on certain conditions. 7. In the result, the application is allowed. The applicant be released on temporary bail for a period of one week, to enable him to attend the marriage of his daughter, from 15th May 2010 to 22nd May 2010, on his furnishing local surety in the sum of Rs. 15,000/- and on executing the PR bond in the like amount. {4} 8. The applicant is directed to give attendance to the Begumpura police station every day between the period 15th and 22nd May 2010 between 4.00 p.m. and 4.30 p.m, failing which the bail today granted will automatically stand cancelled. The applicant to surrender before the jail authorities on 22nd May 2010 on or before 4.00 p.m. The application stands disposed of accordingly. The parties to act on the authenticated copy of this order. It is hereby clarified that the present application is allowed in very peculiar circumstances and as a exceptional case and not as a rule. 9. Fees of the amicus curie, learned counsel appointed for the applicant, will be adjusted while fixing the fees in the criminal appeal No.537/2009. [A.V.POTDAR] VACATION JUDGE drp/B10/criapln1917-10