Virendra Tufani @ Surendra Tufani Vishwakarma v. State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.114 OF 2022 IN CRIMINAL APPEAL NO.377 OF 2020 Virendra Tufani @ Surendra Tufani Vishwakarma Applicant versus The State of Maharashtra and another Respondents None present for applicant.

Mr.S.V.Gavand, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 11th February 2022 PC :

1.

This is an application for modification of order dated 30th July 2021 passed by this Court in Interim Application No.1159 of 2020. 2.

The sentence of imprisonment imposed by Trial Court was suspended and the applicant was directed to be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

3.

By preferring this application it is contended that the applicant is not in a position to furnish one or two sureties in the sum of Rs.25,000/- and hence the amount of bail sought may be reduced to Rs.15,000/- with one surety in the like amount. It is also prayed that provisional cash bail may be granted for a period of eight weeks. MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.02.14 15:02:04 +0530 4.

Learned APP submitted that this Court has already suspended the sentence and applicant was permitted to furnish one or more

2 of 2 8.IA.114.2022.doc sureties. It is noted that in spite of sentence being suspended vide order dated 30th July 2021, the applicant continues to be in custody. Considering this aspect, the order dated 30th July 2021 is modified as under :

ORDER

(i) Pending hearing and final disposal of Criminal Appeal No.377 of 2020, sentence of imprisonment imposed by Trial Court vide judgment and order dated 13th January 2020 passed by Special Judge, Greater Bombay in POCSO Special Case No.244 of 2018 is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.15,000/- with one or more sureties in the like amount;

(ii) The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- for a period of eight weeks;

(iii) The condition of attending Trial Court shall continue; (iv) For a period of eight weeks while the facility of cash bail is in operation, the applicant shall attend Nirmal Nagar Police Station once in a week on every Saturday between 11 am and 1 pm; (v) Interim Application is disposed of.

(PRAKASH D. NAIK, J.) MST