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Bombay High CourtIA/209/2024allowed

Surendra Swamikumar Kanojia v. State Of Maharashtra

2024-02-23Hon'Ble Shri Justice M. S. Karnik2 pages

2024:BHC-AS:8859 Diksha Rane 916. IA 209-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.209/2024 IN BAIL APPLICATION NO.1704/2023 SURENDRA SWAMIKUMAR KANOJIA ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Pramod S. Kumbhar for the applicant.

Mr. B. B. Kulkarni, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 23, 2024.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for enlarging the applicant on provisional cash bail and allow him to furnish the surety within six weeks after his release.

3.

The application is opposed by learned APP. It is submitted that the applicant's brother is residing at Uttar Pradesh. It is submitted that the applicant will abscond. 4.

I find that the applicant was enlarged on bail by an order dated 11/12/2023. The applicant is not in a position to 1/2

Diksha Rane 916. IA 209-24.doc avail of the bail for the reason that the applicant's parents have expired long back and he has one brother, who is residing at Uttar Pradesh who since applicant's arrest is not in contact. The applicant is finding it difÏcult to arrange for surety while he is in jail.

5.

In my opinion, the application, for the reasons mentioned in the application, deserves to be allowed. 6.

The application is allowed to enable the applicant to avail of the facility of the bail which was granted to him as far back as on 11/12/2023.

7.

The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

8.

Learned counsel for the applicant, on instructions, submitted that the applicant will not leave the State of Maharashtra till the trial concludes. The statement is accepted.

9.

The application is disposed of accordingly.

(M. S. KARNIK, J.) 2/2 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 23/02/2024 19:12:22