Jitendra Kudda @ Udaybhan Ahirwar v. State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2023.01.30 10:37:36 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 291 OF 2023 IN CRIMINAL BAIL APPLICATION NO. 2592 OF 2019 Jitendra Kudda @ Udaybhan Ahirwar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Priyanshu S. Mishra i/b Sukrut Mhatre for the Applicant. Mr. K.V.Saste, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 25 th JANUARY, 2023 P.C. :

1.

By this interim application, the applicant seeks extension of time to furnish cash bail.

2.

Perused the papers. Vide order dated 3rd October, 2019, the applicant was enlarged on bail on the following terms and conditions;

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"(i) The Applicant be released on cash bail in the sum of Rs.25,000/ for a period of six weeks;

(ii) The Applicant shall within the said period of six weeks, furnish P.R.Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The Applicant shall attend the concerned Police Station, on the first Saturday of every month, between 11.00 a.m. and 1.00 p.m., until further orders;

(iv) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

(v) The Applicant shall co-operate in the conduct of the trial." 3.

It appears that the applicant was unable to avail of cash bail, nor was he able to furnish surety as directed, considering his financial condition. Infact, no extension is warranted, since the applicant has not availed of the cash bail given by this Court to him. It appears that extension is sought, as the trial Court is insisting on the same. The learned Trial Court ought not to have sought for extension of time.

4.

Accordingly, the trial Court is directed to release the 2/3

applicant on cash bail in the sum of Rs.25,000/- as directed by this Court vide order dated 3rd October, 2019.

5.

On his release, the applicant, within a period of six weeks, to furnish P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount.

6.

As soon as, cash bail is furnished, the same be accepted by the trial Court.

7.

Rest of the conditions imposed vide order dated 3rd October, 2019, to remain as it is.

8.

Application is accordingly, disposed of.

9.

All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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