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Bombay High CourtAPPA/423/2015others disposed off

Anwar Abdul Aziz Pahan v. The State Of Maharashtra

2015-03-31Hon'Ble Shri Justice P.V. Hardas,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

APPA 423.15.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 423 OF 2015 IN CRIMINAL APPLICATION NO. 409 OF 2015 IN CRIMINAL APPEAL NO. 1389 OF 2011

1. Anwar Abdul Aziz Pathan

2. Firoz Anwar Abdul Aziz Pathan.

... Applicants.

V/s.

The State of Maharashtra and Anr.

... Respondents.

Mr. N.N. Gavankar a/w. Mr. Manas N. Gavankar for the Applicants.

Mr. H.J. Dedhia, APP for the State.

CORAM : P.V. HARDAS & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

MARCH 31, 2015.

P.C. :- By this Application the Applicants seek modification of the order dated 27th March 2015 in Criminal Application No. 409 of 2015.

2.

By the aforesaid order this Court had suspended the substantive sentence of imprisonment and had released the Applicants on bail on each of the Applicants executing PR Bonds in the sum of Rs.25,000/- with one or two sureties in 1/2

APPA 423.15.sxw the like amount to the satisfaction of the Trial Court. This Court had further granted time to the Applicants till 31st March 2015 for executing PR Bonds as well as for furnishing solvent sureties. Certain other conditions have been imposed by this Court of which no modification is sought for by the Applicants. 3.

By this Application, the Applicants have presented certain difficulties in furnishing solvent sureties of Rs.25,000/- and have prayed that the surety amount be reduced to Rs.20,000/-. We have heard Mr. Gavankar, learned Counsel for the Applicants and the learned APP and for the reasons which are stated in the Application, we allow the Application and modify our earlier order dated 27th March 2015 in Criminal Application No.409 of 2015. We therefore direct that the Applicants be released on bail on each of the Applicants executing the PR Bonds in the sum of Rs.20,000/- with one or two solvent sureties in the like amount to the satisfaction of the Trial Court. We further grant time to the Applicants till 6th April 2015 for executing the PR Bonds as well as for furnishing solvent sureties. The other condition of the Applicants, being directed to attend the Ambarnath Police Station once in three days between 8.00 a.m. to 9.00 a.m., remains unaltered. Application is allowed as indicated above.

(DR.SHALINI PHANSALKAR-JOSHI, J.) (P.V. HARDAS, J.) 2/2