Sunita Akhileshkumar Yadav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 417 OF 2017 IN CRIMINAL APPLICATION NO. 1167 OF 2016 IN CRIMINAL APPEAL NO. 429 OF 2016 Sunita A. Yadav .. Applicant v/s.

The State of Maharashtra .

..Respondents Abhishek Yende i/b. Prem Keshwani for the Applicant. Mrs.A.S. Pai, APP for the Respondent/State.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : MARCH 29, 2017.

P.C. :

1.

Heard the learned Counsel for the Applicant and the learned APP for the State. By this application, the Applicant seeks modification to clause (i) of the Operative part of the Order dated 6th December, 2016.

2.

The clause (i) of the Order dated 6th December, 2016 reads thus:

"(i) Pending hearing and final disposal of this appeal, the applicant be released on bail, on the same terms and conditions on which she was on bail during the trial, but on furnishing fresh bonds in the same amount"

3.

The learned Counsel for the Applicant states that, earlier the Applicant was released on bail by the trial Court on furnishing surety of Rs.15,000/- within the jurisdiction of the police station i.e. Taloja Police Station, Panvel. The learned Counsel for the Applicant states that the Applicant, being a lady, it is not possible for her to get surety from Taloja Police Station, Panvel. He accordingly seeks modification to clause (i) of the Operative part of the Order dated 6th December, 2016.

4.

The request is not seriously opposed by the learned APP. The learned APP states that an Order may be passed so that the presence of the Applicant can be secured at the time of final hearing. In the circumstances, clause (i) of the operative part of the Order dated 6th December, 2016 passed in the above petition is modified and substituted as under:- "(i) Pending the hearing and final disposal of this

Appeal, the Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15000/- with one or two sureties in the like amount, to the satisfaction of the trial Court."

5.

It is made clear that the other terms and conditions of the Order dated 6th December, 2016 would remain the same. 6.

The Application is disposed of in above terms. (SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)