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2021 Supreme(Online)(Bom) 1157

BOMBAY HIGH COURT
, J
Amar Mulchandani v. State of Maharashtra and Another
Bail Application No. 1587/2021 | C.R. No. 241 of 2019 | C.R. No. 243 of 2021



Advocates:
For the Appellants/Petitioners: Shri. Kadam, Mr. S.S. Bedekar
For the Respondents: Shri. Yagnik

The Court granted temporary bail for a specified period due to the applicant's personal circumstances, conditioned on adherence to legal requirements.

Headnote:The application for bail was moved in connection with offences under IPC Sections 409, 406, 420, and 120-B. The Court acknowledged the applicant's personal loss and the need for temporary bail to perform last rites, referring to previous orders and allowing temporary bail for ten days with certain conditions. The primary issue was the applicant's entitlement to bail, which was argued by the counsel and examined by the prosecution. The Court granted bail, ordering the applicant's release on terms to ensure compliance with the legal process.

Table of Content
1. application for bail due to personal loss. (Para 2 , 3 , 4)
2. prosecution's stance on bail application. (Para 5 , 6 , 7 , 8)
3. granting of temporary bail pending legal compliance. (Para 10 , 11 , 12)
4. final order allowing bail. (Para 13)

1. Not on board, on urgent mentioning the matter is taken on board.

2. The bail application No. 1587/2021 is moved for grant of regular bail. The applicant was arrested in C.R. No. 241 of 2019 and 243 of 2021 for the offences punishable under S.409, S.406, S.420, S.120 - B r/w. 34 of IPC. The applicant independently moved writ petition No. 1760 of 2021 and 1381 of 2021 for quashing of these offences, which are pending adjudication.

3. In both these writ petitions interim application came to be moved for grant of temporary bail for 15 days on the ground that applicant's mother has expired on 25.05.2021 at Pune. Amongst the other grounds which are pressed for temporary bail are that the applicant being elder son is required to perform last rituals and that being so his release be ordered.

4. It is further brought to my notice that the applicant is already ordered to be released on temporary bail in C.R. No. 243 of 2021 vide order dated 26.05.2021 i.e. passed today below Exhibit - 7 in C.R. No. 243 of 2021. The operative part of said order passed by the Sessions Court reads thus: - Order below Ex.7.
1] Accused Amar S. Mulchandani arrested in C.R. No. 243/2021 by Pimpri police station for the offences punishable under S.420, S.406, S.409, S.466, S.467, S.468, S.471, S.120 - B r/w. 34 of Indian Penal Code , be released on temporary bail for the period of 10 days on executing PR Bond of Rs. 15,000/- with surety in the like amount, for the purpose of attending last rites of his mother, on following conditions.
A] He shall not tamper the prosecution evidence in any manner.
B] He shall attend the Pimpri police station on every day in between 4.00 p.m. to 6.00 p.m.
C] He shall not leave the jurisdiction of Pimpri police station.
D] He shall surrender before the Yerwada Jail Superintendent on 4 June 2021 before 6.00 p.m.
2] Copy of this order be sent to Superintendent of Yerwada of Jail for necessary action.
3] Compliance be reported this court.

5. In the aforesaid backdrop Shri. Kadam learned counsel for the applicant would urge that if not for 15 days, if the applicant is released on temporary bail for the period of 10 days in tune with order of Sessions Court, he has instructions to give an undertaking that the applicant shall duly surrender to its Magisterial custody on 4 June, 2021 as has been ordered while granting the temporary bail in C.R. No. 243 of 2021.

6. Shri. Yagnik, learned APP appearing for the prosecution in response to the Court's query and on instructions from investigating officer would urge that since order of grant of temporary bail is passed by the Sessions Court on the count of death of mother of the applicant, State is not going to challenge the said order passed in C.R. No. 243 of 2021. Apart from above, according to him, if this Court is inclined to grant temporary bail, the attendance be ordered and surrender of the applicant be ensured in the present crime i.e. C.R. No. 241 of 2019.

7. Shri. Jairam Chandnani learned counsel for the intervener / complainant would urge that he has instructions to file intervention application and oppose the prayer for grant of bail on merits of the matter.

8. Be that as it may, it is always open for the intervener / complainant to move the application while deciding the bail application on merits as this Court is today considering limited issue of grant of temporary bail.

9. In the backdrop of aforesaid submission, it is pertinent to note here, the interim application moved in writ petition No. 1381 of 2021 before the Division Bench was ordered to be placed before this Court vide order dated 26.05.2021, wherein observation is made that the applicant to move before the learned Single Judge before whom regular bail application in C.R. No. 24













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