Pravin Dattatraya Chougule v. State Of Maharashtra And ANR.

Osk 12-Ia-555-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 555 OF 2024 IN INTERIM APPLICATION NO. 4289 OF 2023 IN CRIMINAL APPEAL NO. 1331 OF 2023 Pravin Dattatraya Chougule ... Applicant/Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Ms. Vrushali L. Maindad a/w. Ms.Shaheen S. Kapadia & Ms.Shruti S. Tupe for Applicant/Appellant.

Mr. J.P. Yagnik, A.P.P. for Respondent No.1-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 14th February 2024.

P.C. :

1) This is an application for modification of condition No. 6 (i) imposed upon the Applicant while releasing him on bail vide Order dated 23rd January 2024.

The condition No. 6(i) reads as under :- "Applicant shall be released on bail in Sessions Case No. 20 of 2012 arising out of FIR No. 229/2011, registered with Vishrantwadi Police Station, Pune on his furnishing P.R. bond of Rs.25,000/- with one or two solvent local sureties in the like amount."

2) Learned Advocate for Applicant submitted that, the Applicant originally hails from Ichalkaranji, District Kolhapur and therefore it is 1/2

Osk 12-Ia-555-2024.doc difficult for him to give solvent local sureties from District Pune, where the offence was committed i.e. within the jurisdiction of Vishrantwadi Police Station, Pune. Though an Order granting bail to the Applicant is passed on 23rd January 2024, as the Applicant could not furnish solvent local sureties, the Applicant is still languishing behind bars. She submitted that, the Applicant will be able to furnish solvent sureties from Ichalkaranji, Tal. Hatkanagale, District Kolhapur in compliance with the said condition No. 6(i).

3) In view of the above, we are inclined to modify condition No. 6(i) and instead of providing 'one or two solvent local sureties in the like amount', the Applicant is permitted to furnish 'one or two solvent sureties from Ichalkaranji, Tal. Hatkanagale, District Kolhapur'. 3.1) After effecting the said modification, the said condition No. 6(i) of Order dated 23rd January 2024 would read as under :- "Applicant shall be released on bail in Sessions Case No. 20 of 2012 arising out of FIR No. 229/2011, registered with Vishrantwadi Police Station, Pune on his furnishing P.R. bond of Rs.25,000/- with one or two solvent sureties from Ichalkaranji, Tal. Hatkanagale, District Kolhapur". 4) Rest of Order dated 23rd January 2024 is maintained as it is. 5) Application is allowed in the aforesaid terms. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) 2/2 OMKAR SHIVAHAR KUMBHAKARN by OMKAR SHIVAHAR KUMBHAKARN Date: 2024.02.22 15:10:39 +0530