Azamali Akhtarali Mirza v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 715 OF 2016 Azamali Akhtarali Mirza ..Applicant Vs.

The State of Maharashtra .

..Respondent ----- Mr. Arfan Sait, APP for State.

----- CORAM: A.S. GADKARI, J.

DATE : 29th March 2017.

P.C.

1] This is an application received through jail. 2] The grievance of the applicant is that, though he has been directed to be released on bail by the learned Additions Sessions Judge, Palghar by an Order dated 15.9.2015, he is still languishing in jail since he is unable to furnish the surety in the sum of Rs.20,000/-. 3] The learned APP has produced a copy of the Order dated 15.9.2015 below Exhibit-3 in Sessions Case No.53 of 2015. After perusing the Order, it is revealed that the applicant has been directed to be released on bail by the Trial Court on a condition that the applicant shall execute the

P.R. Bond in the sum of Rs.20,000/- with solvent surety in the like amount. Despite there being an order of bail in favour of the applicant, he is still languishing in jail since he is unable to furnish surety in the sum of Rs.20,000/-. I In view thereof, I am of the opinion that the bail amount needs to be reduced. Accordingly, the condition No.2 imposed upon the applicant by an Order dated 15.9.2015 is hereby modified and the applicant is directed to be released on bail on his furnishing P.R. Bond of Rs.10,000/- with one or more local sureties in the like amount. Rest of the conditions imposed upon the applicant by the Trial Court are not disturbed. 4] Since the applicant is in Thane Central Prison, the Registry is hereby directed to communicate the Order to the applicant at the earliest. The learned APP also to communicate this order to the applicant through proper channel as expeditiously as possible.

5] The Application is allowed in the aforesaid terms. 6] All the concerned to act on authenticated copy of of this Order. (A.S. GADKARI,J.)