Sameer Juned Ansari v. The State Of Maharashtra

THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 117 OF 2019 (FOR BAIL) IN CRIMINAL APPEAL NO. 951 OF 2018 Sameer Juned Ansari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Solkar Mohd. Amin Haroon for the Applicant Mr. S. V. Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY. 27 th MARCH 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks his enlargement on bail, pending the hearing and final disposal of his appeal. Perused the papers. The applicant has been convicted for the offences punishable under Sections 363, 366 and 376(1) of the Indian Penal Code (`IPC') and has been sentenced to suffer RI for 5 years and to pay a fine of Rs. 10,000/-, in default, to suffer further RI 1/3

for 6 months, for the offence punishable under Section 366 of the IPC and to suffer RI for 10 years and to pay fine of Rs. 25,000/-, in default, to suffer RI for 1 year, for offence punishable under Section 376(1) of the IPC.

It appears that the applicant was on bail pending trial. The learned A.P.P does not dispute the fact that the applicant has not misused or abused his liberty, whilst on bail. Considering the aforesaid, the following order is passed:

ORDER

(i) The application is allowed;

(ii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two local sureties in the like amount;

(iii) The applicant shall not contact or attempt to influence the victim or the prosecution witnesses or any person concerned with the case;

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(iv) The applicant shall report to the trial Court once in three months as may be specified by the trial Court, till his appeal is finally disposed of;

(v) The applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time; (vi) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.

The application is disposed of in the aforesaid terms. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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