Dinesh Dhanjibhai Mistry v. The State Of Maharashtra

Ladda 1 19-appln-41-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 41 OF 2018 Dinesh Dhanaji Mistry ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Rajendra Singh I/by Rajesh Yadav, Advocate for the Applicant.

Mr. S.S. Hulke, 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 of furnishing one or more separate sureties to make up the bail amount in 30 crimes registered against the applicant. 2) By orders dated 15/7/2017 and 14/9/2017 passed by the learned Metropolitan Magistrate, 66th Court, Andheri Mumbai the applicant has been directed to be released on bail in all 30 cases lodged against him with Powai Police Station by imposing a condition, such as, to execute P.R. bond of a particular amount with one or more separate sureties to make up the said

Ladda 2 19-appln-41-18.doc amount in each case. A chart showing CR No., Case No., Bail Application No. and gist of the order passed by the learned Magistrate is tendered across the Bar. The same is taken on record and marked "X" for identification.

3) It appears from the record that as per the gist of the orders, the applicant will have to furnish minimum 30 or more separate sureties in all the crimes. Undoubtedly, it is very difficult for the applicant to get such a large number of sureties and, in particular, solvent sureties to make up the bail amount of Rs.25,000/- and above as per the orders passed by the learned Magistrate.

4) The learned counsel for the applicant submitted that the applicant has no difficulty in executing P.R.bonds as per the directions issued by the learned Metropolitan Magistrate, however, the applicant is facing extreme difficulty in procuring and/or getting solvent sureties of such a large number. 5) In view of the above, the said condition is hereby modified and the applicant is directed to be released on bail on

Ladda 3 19-appln-41-18.doc his furnishing P.R.bond of Rs. 25,000/- with one or two solvent local sureties in C.R. No. 141/2016 and 238/2016, both registered with Powai Police Station, Mumbai and in rest of the 28 cases the applicant is directed to furnish cash bail of Rs. 10,000/-in each case.

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