Anand Kumar Rai v. The State Of Maharashtra
65- APPLN-82-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 82 OF 2021 Anand Kumar Rai Applicant
Versus
The State of Maharashtra Respondent .....
Mr. Shantanu R. Phanse i/b. Adv. Noorseema M. U. Baig, Advocate for the applicant.
Mr. Y. M. Nakhwa, APP for the Respondent - State. .....
CORAM
:
PRAKASH D. NAIK, J.
DATE :
23rd MARCH, 2021 PER COURT :
1.
This is an application for modification of order dated 23rd October, 2020 passed by the learned additional Sessions Judge, Thane, while granting bail to the applicant in C.R. No. I - 759 of 2020 registered with Kashimira Police Station for offence under Section 370(3) r/w Section 34 of Indian Penal Code and Sections 3, Digitally signed by RajeP. Aher Date:
2021.03.25 21:22:26 +0530 RajeP.
Aher 4 & 5 of The Immoral Trafficking (Prevention) Act, 1956. 2.
The applicant was directed to be released on bail on P.R. bond in the sum of Rs. 50,000/- with one or two solvent sureties in the like amount. It is submitted that the applicant could not arrange the solvent surety. The application was preferred before the Sessions Court for modification of this order. The learned Sessions Judge had Sajakali Jamadar
65- APPLN-82-2021.doc permitted applicant to furnish provisional cash bail facility for a period of eight weeks. However, instead of granting time, the applicant is not in a position to arrange for solvent surety. The prayer for reduction of P.R. bond was rejected.
3.
In these circumstance, it is prayed that the applicant may be directed to be released on normal surety instead of solvent surety. It is noted that the applicant is resident of Thane District. In spite of bail being granted to the applicant, vide order dated 23rd October, 2020 it could not furnish solvent surety. Hence, the order is modified.
ORDER
(i) The applicant is directed to be released on bail in connection with C.R. No. I - 759 of 2020 registered with Kashimira Police Station on executing P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the like amount; (ii) The facility of provisional cash bail granted by the lower Court is extended by two weeks from today.
(iii) Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar