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Nusrat v. State Of Maharashtra
Factual and Procedural Background
The applicant is in custody under Special Case No. 1 of 2013 pending trial before the Court of Raigad, prosecuted under the provisions of the Maharashtra Control of Organised Crime Act (MCOC Act). The applicant filed an application seeking temporary bail on humanitarian grounds to perform the last rites of his deceased father, Mohammad Idris. Death certificates from Charu Nursing Home and the Grampanchayat Officer of Uttar Pradesh were produced to substantiate the claim. The application was supported by an undertaking from Sherealam Akhtarali, the applicant's nephew, who agreed to surrender his passport as a security measure.
Legal Issues Presented
- Whether the applicant should be granted temporary bail to perform the last rites of his deceased father despite being in custody under the MCOC Act.
- What conditions should be imposed to ensure the temporary bail is not misused.
Arguments of the Parties
Applicant's Arguments
- The applicant needs temporary bail on humanitarian grounds to perform the last rites of his deceased father.
- Death certificates were produced as proof of death, including one from a nursing home and another from a government officer.
- Sherealam Akhtarali, the nephew instructing the counsel, is present in court and has agreed to surrender his passport as an undertaking to ensure the applicant's return.
Respondent's Arguments
- The learned Additional Public Prosecutor (APP) suggested that the applicant be escorted by police from Taloja Jail to his native place in Uttar Pradesh and back, ensuring supervision during the temporary bail period.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court considered the humanitarian ground of the applicant needing to perform last rites for his deceased father, supported by valid death certificates. The presence of the applicant’s nephew in court and the undertaking to surrender his passport provided additional assurance against misuse of liberty. The learned APP’s proposal for police escort further ensured security and supervision. Balancing the interest of justice and humanitarian considerations, the court found it appropriate to grant temporary bail with strict conditions to prevent any abuse of the granted liberty.
Holding and Implications
Application for temporary bail is allowed.
The applicant is granted temporary bail on furnishing a personal bond of Rs. 15,000/- or cash bail, subject to reporting to the local police station daily during the bail period and surrendering before the police station at the end of the bail period. The applicant shall be escorted by police to and from his native place at his own expense. The undertaking by the applicant's nephew to surrender his passport ensures the applicant's return. This decision directly affects the parties by granting temporary bail under strict conditions without setting any new legal precedent.
PC:
Not on board. Upon production taken on board.
1) Applicant herein is praying for temporary bail on the ground that he has to perform the last rites of his deceased father. Applicant is in custody in Special Case No. 1 of 2013 pending trial before the Court of Raigad. Applicant is being prosecuted under the provisions of MCOC Act. Learned counsel appearing for the applicant, upon instructions from Sherealam Akhtarali has filed this application seeking temporary bail.
2) Learned counsel for the Applicant has placed on record the death certificate issued by Charu Nursing Home on 27/01/2015 reporting therein that the father of the present applicant namely Mohammad Idris son of Abdul Samad aged about 80 years has expired on 27/01/2015 at 7.10 pm. The cause of death is ‘Sudden Cardiorespiratory Arrest’. The death certificate issued by the Government of Uttar Pradesh i.e Grampanchayat Officer is also placed on record which shows that father of the applicant has expired on 27/01/2015. Applicant has received the said certificate by fax. The report of Charu Nursing Home the death certificate issued by Grampanchayat Officer is taken on record and marked as article ‘X’.
3) Learned counsel for the applicant has specifically submitted that the person who is instructing is present in the Court. He happens to be nephew of the applicant. Learned counsel for the applicant submits that Sherealam Akhtarali is filing an undertaking that he would surrender his passport before Superintendent of Taloja Jail. The said undertaking shall form part of record.
4) Learned APP submits that applicant may be sent to his native place Tiwaripur, District Pratapgad which falls within local limits of Raniganj Police Station, Uttar Pradesh by a police escort, which would accompany him from Taloja Jail, Navi Mumbai.
5) It is in the interest of justice that the applicant is being granted temporary bail. The temporary bail is being granted on humanitarian grounds with full assurance that the said liberty will not be misused in any manner by the present applicant.
ORDER
(i) Application is allowed.
(ii) Applicant be enlarged on furnishing Personal Bond in the sum of Rs. 15,000/-. Applicant is at liberty to furnish cash bail.
(iii) Applicant shall report to Raniganj Police Station, from 30/01/2015 to 08/02/2015 at about 10.00 am.
(iv) Applicant shall surrender before Raniganj Police Station on 09/02/2015 and shall be brought back to Taloja Jail, Navi Mumbai by Police of Uttar Pradesh.
(v) Applicant shall bear the escort charges from Taloja to Tiwaripur, Uttar Pradesh and from Tiwaripur to Taloja Jail, Navi Mumbai as well.
(vi) Sherealam Akhtarali shall surrender his passport before Superintendent of Taloja Jail. He would further give an undertaking that the applicant would return to Taloja Jail on 09/02/2015. Upon applicant returning back to Taloja jail, Superintendent of Taloja Jail shall hand over the passport of Sherealam Akhtarali.
(vii) Application stands disposed of.
(viii) Parties to act on authenticated copy of this order.
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