Abdul Shafi Rafiq Shaikh v. The State Of Maharashtra

osk 14-IA-1251-2020 in Appeal-401-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1251 OF 2020 IN CRIMINAL APPEAL NO. 401 OF 2020 Abdul Shafi Rafiq Shaikh ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Mr.Brijesh Shukla for Applicant/Appellant.

Mr.Amit Palkar, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 9th October 2020.

P.C. :

Heard Mr.Shukla, learned counsel for the applicant and Mr.Palkar, learned A.P.P. for the respondent-State.

2.

This is an application for modification of condition No.(b) of Order dated 11th September 2020. The condition No.(b) read as under :- "(b) Applicant be released on bail in Sessions Case No. 225 of 2018 on his furnishing PR bond of Rs.10,000/- with one or two local sureties in the like amount."

3.

Learned counsel for the applicant submitted that, the applicant is a slum dweller and hails from the lowermost economic strata of the society. 1/2

osk 14-IA-1251-2020 in Appeal-401-2020.odt He submitted that, it is therefore very difficult for him for getting local sureties even for making up an amount of Rs.10,000/-. He therefore prayed that, the said condition No.(b) be modified and the applicant may be directed to be released of bail on his furnishing P.R. bond only. 4.

In view thereof and for the reasons stated in the application, the condition No.(b) of Order dated 11th September 2020 is hereby modified and now would read as under :- "(b) Applicant be released on bail in Sessions Case No. 225 of 2018 on his furnishing PR bond of Rs.10,000/- only."

5.

It is made clear that, before his actual release from jail, the applicant shall deposit entire fine amount in the Registry of the Trial Court. 6.

Rest of the Order dated 11th September 2020 remains as it is. 7.

Application is allowed in the aforesaid terms. 8.

Court. All the concerned will act on production by fax or e-mail of a digitally signed copy of this Order.

[A.S. GADKARI, J.] by Omkar S.

Kumbhakarn Date:

2020.10.09 16:07:21 +0530 Omkar S.

Kumbhakarn 2/2