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Bombay High CourtIA/324/2021allowed

Shivmani Ramdular Jaiswar v. The State Of Maharashtra

2021-02-10Hon'Ble Justice Revati Mohite Dere3 pages

Nisha S.

Chitnis Nisha S. Chitnis Date: 2021.02.12 17:26:09 +0530 1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.324 OF 2021 IN CRIMINAL APPLICATION NO.953 OF 2019 IN CRIMINAL APPEAL NO.848 OF 2019 Shivmani Ramdular Jaiswar ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Mallika Sharma i/b Ms. Anjali Patil, for the Applicant. Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 10th FEBRUARY, 2021 P.C. :

1.

Heard learned counsel for the applicant.

2.

This is the second application seeking extension of time to furnish the surety as directed by this Court (Coram: C. V. Bhadang, J.), vide order dated 28th August 2020, passed in Criminal Application No.953 of 2019.

3.

The applicant's sentence was suspended and he was enlarged on bail, pending the disposal of his Appeal, by this Court vide order dated

2/3 28th August 2020, subject to furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount, out of which atleast one shall be a local surety and on payment of fine. The applicant was released on provisional cash surety of Rs.25,000/- for a period of eight weeks, vide the said order and was directed to furnish P.R./S.B. Bonds as aforesaid. As the applicant could not furnish sureties as directed vide order dated 28th August 2020, the applicant filed an application and sought extension of time to furnish the surety. The said application was allowed vide order dated 25th November 2020. This is the second application seeking extension of time to furnish the surety. 4.

Learned Counsel for the applicant submits that because of the Covid situation, the applicant could not furnish the surety as directed by this Court, within the time frame. Learned Counsel for the applicant submits that by way of last chance, time be extended by a period of eight weeks to enable the applicant to comply with the order dated 28th August, 2020 i.e. to furnish P.R./S.B. Bonds, as stipulated in the aforesaid order. 5.

By way of last chance and for the reasons set out in the application, application is allowed and time to furnish surety, as directed by this Court vide order dated 28th August 2020, is extended by a period of

3/3 eight weeks from today, to enable the applicant to furnish the surety. It is made clear, that no further extension will be granted. 6.

The Application is allowed and disposed of in above terms. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.