Mahesh Pankaj Soni v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 849 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 2888 OF 2019 Mahesh Pankaj Soni ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Rohan V. Bhosle for the Applicant.

Mr. S.V.Gavand, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 17 th MARCH, 2021 P.C. :

1.

Perused the application. By this application, the applicant seeks the following substantive prayers;

"(1)This Hon'ble Court may be pleased to extend the time to furnish surety for a period of 8 weeks from today on such terms and conditions as this Hon'ble Court may deem fit and necessary.

(2) This Hon'ble Court in furtherance thereof be pleased to 1/3

direct the applicant to furnish any one or two sureties and not only local sureties."

2.

Learned Counsel for the applicant submits that the process of obtaining Solvency Certificate from the concerned Tahasildar's office is a long tedious process and because of the present COVID situation, it has become more difficult to obtain the Solvency Certificate. He further submits that the applicant approached his friends and relatives, however, they are reluctant to stand as surety. He further submits that the applicant is not able to furnish local sureties as directed by this Court vide order dated 20/01/2021, whilst enlarging the applicant on bail. He submits that the applicant has now found a suitable person from Ambarnath who can stand surety, however, the said person is not from the local area as directed by this Court.

He, therefore, submits that time to furnish surety be extended by a period of 8 weeks and that the condition in clause (ii) of the order dated 20/01/2021 directing the applicant to furnish P.R.Bond in the sum of Rs.1,00,000/- with one or two local sureties in the like amount, be modified as 'P.R.Bond in the sum of Rs.1,00,000/- with one or two sureties in the like amount'.

3.

For the reasons stated aforesaid, the application is allowed. 2/3

Accordingly, clause (ii) of the order dated 20/01/2021 stands modified. The applicant is now permitted to 'furnish P.R.Bond in the sum of Rs.1,00,000/- with one or two sureties in the like amount'. 4.

The time to furnish surety is also extended by a period of 8 weeks from today. Rest of the conditions imposed vide order dated 20/01/2021 to remain as it is.

5.

Application is accordingly disposed of.

6.

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

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