Criminal Bail Application No.653 / 2022,
State – Radha
Page 1 of 3
Criminal Bail Application No.653 / 2022
State – Radha Dinkar
MHNS010025052022
Order below Exh.1
(Delivered on this 27th Day of May, 2022)
Accused Radha, aged 34 years, working as Talathi, is
seeking bail of humanitarian ground contending that, since
23.05.202, her 3 and half child Sumit is suffering from acute
gastroenteritis and is admitted in Patil Bal Rugnalaya, Kalwan.
Hence she needs to be in the hospital to take care of the child.
2)
Heard Learned Adv. Shri Pravin Shejwal for applicant /
accused. Heard Learned APP Smt. Aparna Patil for State. Heard
I.O. Smt. Meera Admane. Perused Record.

FIR :
3)
On 17.05.2022 at about 23:00 Hrs., Dinesh Popat
Khandvi lodged FIR against applicant / accused Radha (Talathi)
and Popat Bhoye (Kotwal) contending that, both accused persons
were seeking bribe of ₹.35,000/-.
Accordingly, Crime No. 63 / 2020, U / Sec. 7 and 12 of
Prevention of Corruption Act, 1988, was registered at Abhona
Police Station, Nashik.

Case of the Applicant / Accused :
4)
According to the applicant, her regular bail was rejected
by the in-charge Court on 21.05.2022. However, on 23.05.2022,
her child Sumit was admitted in hospital. His condition is critical
and hence on humanitarian ground, the applicant be released for
temporary period of one month. She is ready to abide by all the
terms and conditions, imposed by the Court.
Objections by Prosecution :
5)
The prosecution has submitted for necessary order.

Criminal Bail Application No.653 / 2022,
State – Radha
Page 2 of 3
Conclusion :
6)
Perusal shows that, the first application was rejected by
the In-charge Court on 21.05.2022. Thereafter, present
application is filed on 24.05.2022 before this (another) In-charge
Court. Accordingly, say of I.O. and APP was called.
I.O. submitted her say at Exh.5 on 26.05.2022.
However, in said reply, it was not disclosed as to whether the
child is admitted in the hospital or not. Further, the medical
condition of the child was also not disclosed. Hence, on
26.05.2022, I.O. was directed to file detailed report regarding
same. Today, vide reply at Exh.8, I.O. and APP filed their reply
contending that, the child is suffering from acute gastroenteritis
and is admitted at Patil Bal Rugnalaya, Kalwan. Thereafter,
prosecution submitted for necessary Order.
Applicant has relied upon Dattatraya Bapu Gunjal Vs
State of Maharashtra LAWS (BOM) 1996 12 62 , wherein the
regular bail of the petitioner was rejected on merit. Thereafter,
petitioner prayed for temporary bail on the ground that his wife is
suffering from Cancer and is at the last stage. Considering the
ground, the Hon’ble Bombay High Court granted temporary bail
of one month to the petitioner.
7)
8)
Considering the change in circumstances that, the child
of applicant is of 3 and half years and is in admitted in hospital,
then on humanitarian grounds the application can be allowed for
temporary period of 5 days. Hence, the following order.

1.
2.

ORDER
Criminal Bail Application No.653 / 2022, is allowed.
Applicant / accused Radha Uttam Palvi @ Radha
Dinkar Mahale, be released on furnishing PR Bond of
₹.15,000/-, with one surety in like amount, on following
conditions :
i.

During those 5 days, she shall attend concern
police station at 11:00 am every alternate day from
28.05.2022.

Criminal Bail Application No.653 / 2022,
ii.

State – Radha
Page 3 of 3
Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case, so as dissuade
that person from disclosing such facts to the Court
or to any police officer.

iii. Applicant shall furnish her identity proof, proof of
her current and permanent residence and mobile
number/s to the IO.

iv. The applicant shall surrender herself before the I.O.

on 01.06.2022. The I.O. shall produced the
applicant before the regular Court for further
necessary order.

Nashik
Dated : 27.05.2021
Digitally signed
by VIJAY S
HINGNE
Date:
2022.05.27
16:43:24 +0530
I / c. District Judge – 11 &
Additional Sessions Judge,
Nashik.

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