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Bombay High CourtIA/1227/2023disposed off

Aslam Dawood Patel v. The State Of Maharashtra

2023-05-02Hon'Ble Shri Justice S. M. Modak2 pages

by HEMANT CHANDERSEN SHIV Date:

2023.05.06 10:41:28 +0530 HEMANT CHANDERSEN SHIV 14.ia1227.23.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1227 OF 2023 IN BAIL APPLICATION NO.706 OF 2022 Aslam Dawood Patel ...Applicant vs.

State of Maharashtra

...Respondent

Mr. Shadab B. Khopekar for the Applicant in IA No.1227/2023. Mr. H. J. Dedhia APP for the Respondent-State. CORAM :S. M. MODAK, J.

DATED :2ND MAY 2023 P. C. :

1.

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

2. This Court while granting bail to the Applicant on 13th February 2023, has passed the following directions : "(b)Applicant/accused shall be released on bail in C.R.No.I-467 of 2021 registered with Bhayandar Police Station on furnishing P.B. & S.B. of Rs.2,00,000/- (Rs. Two Lakh only) with two solvent sureties in like amount and on furnishing documents showing their proof of residential addresses".

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14.ia1227.23.doc 3.

The Applicant was directed to furnish Personal Bond and Surety Bond of Rs.2,00,000/- with further rider to furnish two solvent sureties in like amount.

4.

In fact, the Applicant has furnished one surety with solvency certificate to the tune of Rs.2,00,000/- before the trial Court but it is not accepted. That's why this Application for modification. After reading the order, it seems that in that direction inadvertently, instead of "with one solvent surety" it is typed as "with two solvent sureties".

5.

After reading the order, it does not gather that there is intention to furnish two sureties of Rs.2,00,000/- each. In view of that modification is required. Hence, the following order is passed : (i) In direction (b) of clause 5 in line number 4, instead of the words "with two solvent sureties" it be corrected as "with one or more solvent sureties" in all amounting to Rs.2,00,000/-. 6.

Necessary modification be done.

7.

Application is disposed of.

[S. M. MODAK, J.] 2/2