Ayub Tafsir Khan @ Lala v. The State Of Maharashtra

Ladda 117-appln-6-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 6 OF 2017 Ayub Khan ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Dilip Mishra I/by Ayaz Khan, Advocate for the Applicant. Smt. Rutuja Ambekar, APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 27th JUNE, 2018.

P.C.:- 1) This is an application for modification of condition for reduction in bail amount.

2) The applicant was directed to be released on bail in B.A. No. 203 of 2015 by the learned Additional Sessions Judge, Greater Mumbai by its order dated 6th August, 2016 on a condition that the applicant shall furnish bail amount of Rs. 2 lakhs with one or more sureties to make up the said amount. As the applicant could not comply with the said condition, he moved an application below Exh.21 in N.D.P.S. Special Case No. 226 of 2016 for reduction of bail amount of Rs. 2 lakhs, which came to be rejected by the impugned order dated 5th December, 2016.

3) The record indicates that despite there being an order granting 1/2

Ladda 217-appln-6-17.doc bail to the applicant dated 6th August, 2016, because of the said onerous condition, the applicant is still languishing in jail. In view thereof, I am inclined to modify the said condition and reduce the bail amount from Rs.2 lakhs to Rs. 1 lakh.

4) In view of the above, the said condition is hereby modified and the applicant is directed to be released on bail in N.D.P.S. Special Case No. 226 of 2016 on his furnishing P.R.bond of Rs. 1 lakh (Rupees One Lakh) with one or more local sureties to make up the said amount.

5) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2