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Bombay High CourtAPPLN/27/2016modified

Blantinah Dinkenkesto Makoti v. Union Of India And ANR

2016-02-18Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2 34APPLN-27-2016.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 27/2016.

Ms Blantinah D. Makoti Vs. Union of India and Anr. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Ayaz Khan, advocate for the applicant.

Ms Rebecca Gonsalvez for Respondent No.1.

Smt. S.S.Kaushik, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 18th February, 2016 P.C.

This is an application for reduction of the bail amount imposed upon the applicant by an order dated 14.8.2013 passed by the Special Judge under N.D.P.S. Act, Gr. Mumbai in B.A. No. 134/2013. While releasing the applicant on bail, the learned Trial Court has directed that she may be released on her executing P.R. bond of Rs. 4,00,000/- with solvent surety or cash surety of the like amount by way of interim relief till the CFSL report is received. The learned counsel for the applicant submitted that the said condition is onerous one and the applicant is unable to comply with the said condition. It appears that though the order granting bail to the applicant is passed on 14.8.2013, because of the said condition no.2 the applicant is still behind the bars. In view of the same, I am inclined to modify the said condition.

2 /2 34APPLN-27-2016.doc Hence, the following order:- ORDER:

(i) The condition no.2 of order dated 14.8.2013 is hereby modified and the applicant be released on her executing P.R. bond of Rs. 2,00,000/- with one or more solvent local sureties in the like amount. Rest of the conditions imposed by order dated 14.8.2013 in B.A. No. 134/2013 are not disturbed.

(ii) The application is disposed of in the aforesaid terms. (A.S.GADKARI, J.)