Mohd. Aleem Rasool Baksh v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.234 OF 2018 IN CRIMINAL BAIL APPLICATION NO.2246 OF 2017 Mohd. Aleem Rasool Baksh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.S.D.Patil, for the Applicant.

Ms.P.N.Dabholkar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 15th MARCH, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks modification of clause (ii) of the order dated 5th October, 2017, passed by this Court (Coram:A.M.Badar,J.) in Criminal Bail Application No.2246 of 2017. Clause (ii) of the order dated 5th October, 2017, reads thus:-

2/3 "The applicant/accused in Crime No.97 of 2017 registered with Oshiwara Police Station for offences punishable under Sections 354 and 354A of the Indian Penal Code and under Section 6, 10 and 12 of the POCSO Act, be released on bail on his executing P.R.Bond in the sum of Rs.25,000/-, and on furnishing surety in like amount."

3.

Learned Counsel for the applicant submitted that the applicant is unable to get one surety of Rs.25,000/- and requests that the applicant be permitted to furnish one or more sureties for the amount of Rs.25,000/-. The applicant is in custody for more than 5 months, despite having been enlarged on bail vide order dated 5th October, 2017. It appears that it is not possible for the applicant to furnish one surety for an amount of Rs.25,000/-.

4.

Considering the aforesaid, the application is allowed and the applicant is permitted to furnish one or more sureties to make up the amount of Rs.25,000/-. The order dated 5th October, 2017, stands modified accordingly. Rest of the conditions imposed vide order dated 5th October, 2017, to remain as it is.

3/3 5.

The Application is allowed and disposed of in above terms. 6.

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