Rizwana Kalim Shaikh v. The State Of Maharashtra

appa22.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.22 OF 2019 IN CRIMINAL APPLICATION NO.51 OF 2018 IN CRIMINAL APPEAL NO.122 OF 2018 Rizwana Kalim Shaikh ...Applicant vs.

The State of Maharashtra

...Respondent

Mr.Aniket Vagal for the applicant Ms M.H.Mhatre, APP for the respondent CORAM : A.S.OKA, & A.S.GADKARI, JJ.

DATE : JANUARY 16, 2019 P.C.:

Heard the learned counsel for the applicant. The applicant who is the appellant. Under order dated 20th February 2018 the applicant was ordered to be enlarged on bail. The prayer in this application is for releasing the applicant on cash bail for a period of eight weeks within which time the applicant will furnish sureties.

The learned counsel for the applicant pointed out that the applicant has undergone sentence of about 6 years. He pointed out that the applicant's husband has abandoned her. We have heard the learned APP for the respondent who opposed the application. The reason for enlarging the applicant on bail has been recorded in paragraph 3 of the order dated

appa22.doc 20th February 2018. Considering the peculiar facts of the case, the conditions imposed under the order granting bail deserve to be modified considering the fact that for about last 11 months the applicant could not avail the bail.

Accordingly, we pass the following order:

(I) The applicant be enlarged on cash bail in the sum of Rs.15,000/- (Rupees fifteen thousand only) for a period of eight weeks on a condition of furnishing one or more local sureties to make up the amount within the said period of eight weeks;

(II) We make it clear that though the bail amount remains the same, the condition of furnishing solvent sureties shall be modified by substituting the same by local sureties;

(III) Rest of the conditions remain as it is;

(IV) Criminal Application is disposed of on above terms.

(A.S.GADKARI,J.) (A.S.OKA,J.)