IA/4563/2022 of VIPUL BHAVARLAL SHAHA Vs STATE OF MAHARASHTRA on 28 December 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONINTERIM APPLICATION NO. 4563 OF 2022

IN

CRIMINAL BAIL APPLICATION NO. 3284 OF 2022

Vipul Bhawarlal Shaha VersusThe State of Maharashtra … Applicant … Respondent ******

Mr. Santosh Musale for the Applicant. Mr. Ajay Patil, APP for the Respondent-State.

******

P.C. :-

CORAM: M.M.SATHAYE J. DATE : 28[th] DECEMBER 2022(Vacation Court)

1.This is an application filed by the the Applicant/accusedseeking extension of temporary bail granted to him by this Court inCriminal Bail Application No. 3284 of 2022 vide order dated 15[th]December 2022.

2.It is the case of the Applicant that he needs extension fortending to his ailing mother and also for raising funds for his familyas well as for the mother who is hospitalized. The Applicant hasplaced on record certain medical reports of his mother and ID cardsof his daughters, showing they are school going children.

3.Heard learned APP for the Respondent/State. Learned APPopposed this application vehemently, by pointing out that Applicantis charge-sheeted for offence punishable u/s. 302 & 201 r/w 34 ofthe I.P.C. Initially the Applicant had secured release on temporarybail for a short period of 7 days by giving similar reasons and,accordingly, by order dated 29[th] November 2022, learned AdditionalSessions Judge, Pune had granted temporary bail of 7 days byimposing certain conditions. It is pointed out that one of thecondition (d) imposed by the Sessions Judge was that aftercompletion of 7 days of temporary bail, the Applicant shallsurrender.

4.Learned APP further pointed out that this order of temporarybail was again extended at the instance of the Applicant and byorder dated 7[th] December 2022, the Additional Sessions Judge, Punehad again granted temporary 7 days bail on condition that theApplicant would comply with the original condition imposed videorder dated 29[th] November 2022. It is further pointed out that byorder dated 13[th] December 2022, the applicant’s second applicationfor extension of temporary bail was rejected by Addl. Sessions Judge,

508-IA-4563-2022.docby considering the ground raised by learned APP that apart from theApplicant, other family members of the Applicant/accused, includingbrothers are available for taking care of his mother.

5.I have perused the record. Despite all above facts, it is seenthat this Court by order dated 15[th] December 2022, had grantedextension of temporary bail till 29[th] December 2022, i.e. tomorrow.

6.In my view, the Applicant has already taken sufficientextensions. Ld. Counsel for the Applicant states on instructions, thatthe Applicant is now ready to give an undertaking to this Court,stating that he will surrender himself on 12[th] January 2023 before5.00 p.m. and will not apply for further extension. On this Ld.Counsel prays for last extension. Today, the Applicant/accused is notpresent in Court and learned counsel for the Applicant/accused ismaking this statement. The statement is accepted, subject to theApplicant himself filing a written undertaking as stated above, on orbefore 30[th] December 2022 in this Court.

7.In that view of the matter, following order is passed :