Mr. Mohsin Uraiji Jamal Khan v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.165 OF 2015 Mohsin Uraiji Jamal Khan ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.S.R.Gaud, for the Applicant.

Mr.Y.M.Nakhwa, APP for the Respondent - State. WPSI - Girija B. Mhaske, Dongri Police Station, Mumbai. CORAM :

REVATI MOHITE DERE, J.

DATED :

6th MAY, 2015.

P.C.

1.

Heard the learned counsel for the Applicant and the learned APP for the Respondent - State.

2.

By this application, the Applicant seeks modification of the condition imposed by the learned Additional Sessions Judge, Greater Bomay, vide order dated 7th January, 2015 passed in Bail Application No.44 of 2015, in particular, condition (2) of para 6 of the order, inasmuch as, it directs the release of the applicant on executing personal bond in the amount of Rs.30,000/- with one or two solvent sureties in the

2/3 like amount. The modification of the order sought reads as under ;- "4.

...... The applicant - Mohsin Uraiji Jamal Khan be released on his executing personal bond in the amount of Rs.30,000/- with one or two solvent sureties in the like amount .....

3.

Learned Counsel for the applicant states that on 7th January, 2015, as directed by the learned Sessions Judge, cash bail of Rs.30,000/- was deposited in the trial court. He states that the applicant was able to give one solvent surety as directed by the learned Sessions Judge on 6th February, 2015, which was accepted by the learned Magistrate. However the 2nd surety have been kept in abeyance. He submitted that considering the nature of allegations as against the applicant and the fact that the applicant has been languishing in jail, despite the order enlarging him on bail, he prays that said condition be modified. 4.

Learned APP states that she has no objection if the order is modified and if the amount is reduced.

5.

Accordingly, for the reasons set out in the application, the application is allowed and the condition is modified. Accordingly, the

3/3 applicant - Mohsin Uraiji Jamal Khan be released on his executing personal bond in the amount of Rs.15,000/- with one or two solvent sureties in the like amount instead of personal bond in the amount of Rs.30,000/-. The rest of the conditions imposed vide order dated 7th January, 2015, to remain as it is.

6.

The application is accordingly allowed and disposed of in the above terms.

7.

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