Gulabchand A Chauhan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 275 OF 2018 IN CRIMINAL APPLICATION NO. 235 OF 2018 WITH CRIMINAL APPLICATION NO.236 OF 2018 IN CRIMINAL REVISION APPLICATION NO. 237 OF 2018 Gulabchand Amrut Chauhan ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Mr. Prashant Aher for the applicant.

Mrs. N.S. Jain, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 19th JUNE, 2018.

P.C.

1.

Not on board. Taken on board.

2.

The applicant seeks modification of order dated 24th April, 2018 passed by this Court in Criminal Application No. 235 of 2018. Advocate for the applicant submitted that the applicant has been convicted for an offence punishable under Sections 406, 467, 468 and 471 of Indian Penal Code and sentenced to suffer

imprisonment for two years. The applicant is in custody from 19th April, 2018. During the pendency of appeal, the applicant was released on bail with one or more sureties of Rs.25,000/- and P.R. bond in the like amount. Pending Revision Application preferred by the applicant, this Court by order dated 24th April, 2018 suspended the sentence and the applicant was granted the bail on the same terms on which he was ordered to be released by the learned trial Judge during pendency of appeal. 3.

Learned advocate for the applicant submits that order dated 24th April, 2018 be modified to the extent that the applicant be granted bail on same terms on which he was ordered to be released by the learned Appellate Court during pendency of appeal. It is further submitted that the applicant is aged about 62 years and he is in custody from 19th April, 2018. Furnishing P.R.Bond by executing surety will take some time and therefore, provisionally applicant be permitted to tender cash security for a pleriod of four weeks.

4.

Taking into consideration, the aforesaid aspect, the modification as sought by the applicant can be granted. Hence, I pass the following order.

ORDER

i) Order dated 24th April, 2018 is modified and instead of releasing the applicant on bail on the same terms which was ordered to be released by the learned trial Judge during pendency of appeal, it is directed that the applicant be released on bail on the same terms to which he was ordered to be released on bail by the learned Appellate Court during pendency of appeal; ii) The applicant is directed to furnish cash security in the sum of Rs.25,000/- for a period of four weeks from today, in lieu of surety;

iii) Application stands disposed of;

iv) Parties to act an authenticated copy of this order. ( PRAKASH D. NAIK, J. )