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Bombay High CourtIA/933/2021allowed

Mayur Dattatray Dangade v. The State Of Maharashtra

2021-04-05Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 933 OF 2021 IN CRIMINAL APPLICATION NO. 1005 OF 2019 IN CRIMINAL APPEAL NO. 566 OF 2017 Mayur Dattatray Dangade ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Saili N. Dhuru i/b Mr. Kuldeep Patil, for the Applicant. Mr. S. V. Sonawane, APP for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 5th APRIL, 2021 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant has sought the following substantive prayer:- "9 (a) This Hon'ble court may be pleased to allow the present application and allow the applicant to furnish the fresh surety with the Trial court as per the order of this Hon'ble court dated 24/07/2019 in criminal application no. 1005/2019 in criminal appeal no.566/2017."

2/3 3.

Perused the papers. Vide order dated 24th July 2019, the applicant's sentence was suspended and he was enlarged on bail subject to certain conditions. Clause - (ii) of para 5 of the said order dated 24th July 2019, reads thus:- "5.

....

(i) .....

(ii) Substantive sentence imposed on the applicant is suspended and he is directed to be released on bail on his executing P.R. Bond in the sum of Rs.20,000/- and on his furnishing two sureties, each for the like sum." 4.

It appears that the applicant has complied with the aforesaid condition, however, for personal reasons, one of the sureties i.e. Sunil Dangde, does not want to continue as a surety, thus necessitating the filing of the aforesaid application.

5.

Accordingly, for the reasons stated in the application, the application is allowed and the applicant is permitted to furnish a fresh surety in the trial Court as per the order dated 24th July 2019, passed in Criminal Application No.1005 of 2019 in Criminal Appeal No.566 of 2017.

3/3 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.