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Criminal Bail Application No.671 of 2022
MHNS010026332022
CRIMINAL BAIL APPLICATION NO.671/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE11
NASHIK AT NASHIK.
Radha Dinkar Mahale
@ Radha Uttam Palvi
Age 34, Occ: Service
R/o. Aabhona, Tal. Kalwan,
Dist. Nashik.
..Applicant/accused
V/s.
State of Maharashtra
Through P.I. Abhona Police
Station
(CR No. 63 of 2022)
..Opponent
ORDER BELOW EXH.1
1.
The applicant/accused has filed this application for grant of
bail U/s.439 of the Cr.P.C. in Crime No.63/2022 of Abhona Police
Station for the offence punishable U/s.7 and 12 of
Prevention of
Corruption Act.
2.
The applicant by this application has stated that she is
falsely involved in this offence. There are no allegations against her that
she has accepted the bribe amount and it is only alleged that there was
demand of bribe by her. She was not caught while accepting the bribe.
Her first bail application No.638/2022 is rejected by the Ld. Sessions
Court on the ground that statement of the witnesses were yet to be
recorded. However, lateron statements of the witness are recorded and
her subsequent bail application bearing No. 653/2022 was allowed on
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Criminal Bail Application No.671 of 2022
the ground that her son who is 3 1/2 years old was hospitalized. But on
humanitarian ground bail of 5 days till 01/06/2022 is granted.
At
present, her son is weak due to illness and cannot live without his
mother. So by this application it is prayed that, the said bail be
continued further. It is alternatively prayed that on the ground of illness
of the son of applicant she be released on bail for one month.
3.
The APP and I.O. have contested this bail application by
filing pursis and say vide Exh.5 and 6. It is contended that the regular
bail of the applicant is already rejected and bail for only 5 days on
humanitarian ground, was granted, as her son was hospitalized. But this
reason is now not in existence. So, considering the seriousness of the
offence and for the aforestated facts the present application be rejected.
4.
Heard Ld. Adv. Mr.Shejwal for applicant. He argued that
the interim bail granted to the applicant on humanitarian ground be
confirmed and she be released on regular bail. It is further argued that,
the son of the applicant is weak due to the illness and being only 3 and
1/2 years old he cannot live without his mother. So considering the
same she be released on regular bail.
5.
Per
contra,
Ld.
APP
Smt.
A.R.
Patil,
for
the
respondent/State argued that, the applicant was released on bail for 5
days on humanitarian ground as her son was hospitalized but as he is
discharged, the said bail cannot be extended further nor regular bail can
be granted. So application be rejected.
6.
Considered the arguments. Gone through the records. The
present applicant has initially filed regular bail application no.
638/2022 which was decided on merit and was rejected by the Ld.
incharge court by order dated 21/05/2022. Lateron, the applicant has
filed bail application No.653/2022 seeking bail on humanitarian ground
as her son was hospitalized. Considering the fact that, the son of the
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Criminal Bail Application No.671 of 2022
applicant was hospitalized and was in need of his mother the Ld.
incharge court by order dated 27/05/2022 has allowed the said
application and bail was granted only for 5 days i.e. till 01/06/2022
with condition that she will surrender before I.O. on 01/06/2022.
However, in the mean time she has filed this application.
7.
By the present application the applicant is seeking regular
bail on the same ground and in alternatively extension of the said bail
for the period of 1 month. In support of their contentions the applicant
has filed on record several documents alongwith list Exh.3. Perused the
same. The medical papers of the son of applicant shows that, he is
already discharged from the hospital dt.28/05/2022. So it can be
gathered that, the only ground on which temporary bail of 5 days was
granted is now not in existence. By the present application the applicant
is seeking regular bail and in alternatively extension of the said
temporary bail on humanitarian ground.
8.
As discussed above it has come on record that this is
subsequent bail application filed by the applicant after rejection of her
bail application i.e. Criminal Bail Application No. 638/2022. So to claim
regular bail the applicant ought to have shown that, there is change in
circumstances after rejection of the first bail application to enable this
court to take a contrary view as taken in the order of the earlier bail
application. However,the only change in circumstance that appears is
that, the applicant is seeking bail on humanitarian ground due to the
sickness of her son.
9.
As aforestated the medical papers shows that the son of
applicant who was hospitalized for treatment is discharged from the
hospital on dt. 28/05/2022. The temporary bail was granted by order in
Criminal Bail Application No. 653/2022 only on the ground that the son
of the applicant is hospitalized. However, at present as he is discharged
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Criminal Bail Application No.671 of 2022
from hospital the said ground cannot be taken for consideration to
either extend further the temporary bail or to grant regular bail.
10.
In view of above discussion I held that, this being a
subsequent bail application, the grounds on which the regular bail is
sought cannot be said to be change in circumstance after rejection of
the earlier application. It is also pertinent to note that in order to invoke
the provision of Section 439 of Cr.P.C., the applicant must be in custody
which is not the case as in the present case the applicant is already on
temporary bail of 5 days. So the question of granting regular bail does
not arise. Moreover, the temporary bail was granted only on
humanitarian ground and the same does not survive as the son of
applicant is already discharged from hospital. So applicant has to
comply the directions given in the order of the temporary bail
application by which she was directed to surrender herself before the
I.O. Hence, for the aforestated reason I proceed to pass following order.
ORDER
The application is rejected.
Digitally signed
by RADHIKA
MADHUKAR
RADHIKA
MADHUKAR SHINDE
Date:
SHINDE
2022.06.02
17:20:55 +0530
Date : 31/05/2022
Nashik
(Smt. R.M. Shinde)
Additional Sessions Judge,
(Court No.11) Nashik.