Francis Dsouza v. The State Of Maharashtra And ANR

39.APPA.579-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.579 OF 2015 IN CRIMINAL APPEAL NO.684 OF 2014 Francis D'Souza ..Applicant

Versus

The State of Maharashtra and another.

..Respondents ....

Mr. Pravin Patel, for the Applicant.

Mrs. P.P. Bhosale, APP, for the State.

Mr. S.R. Ketkar i/b. Milind Sawant, for CBI.

....

CORAM : A. R. JOSHI, J.

DATE : 20th JULY, 2015 P.C.

1.

While admitting the appeal of the present applicant challenging the conviction for the offence punishable under Section 120B, 409, 420 and 468 of IPC, the substantive sentence was suspended and the applicant was directed to be released on bail. It was mentioned in the order that he be released on same bail with fresh bonds. By said order the fine amount was not suspended. Reportedly, all the fine amount is already paid. By clause No.5 of the order granting bail the applicant was granted four weeks time to furnish PR bond and 1 / 2

39.APPA.579-15.doc solvent surety. Accordingly the applicant produced papers before the trial Court but the surety procedure could not be completed within the specified period and as such period of four weeks is already over by 22.10.2014 as the order of granting bail is dated 22.9.2014. As such, now without complying the directions of this Court, the applicant is enlarged on the earlier bail without there being any acceptance of the solvent surety. Presently the applicant is not in this State and he is at Mysore as reported by the learned Counsel for the applicant. By the present application the applicant prayed for extension of time to furnish solvent surety before the trial Court. Time is extended for three weeks for execution of the bond before the trial Court. Application is disposed of accordingly.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 2