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Bombay High CourtAPPA/693/2015bail granted

Shri. Syed Niyaz Ahmed v. C.B.I

2015-06-24Hon'Ble Shri Justice A.M. Thipsay3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.693 OF 2015 IN CRIMINAL APPEAL NO.1004 OF 2001 SAYED NIYAZ AHMED )...APPLICANT V/s.

C.B.I. & ANR.

)...RESPONDENTS Mr.S.A.Shaikh, Advocate for the Applicant.

Mr.Yogesh Nakhwa, APP for the Respondent - State.

CORAM

:

ABHAY M. THIPSAY, J.

DATE :

24th JUNE 2015.

P.C. :

Heard.

The applicant was released on bail at the time of admission of the appeal, by suspending the sentence imposed upon him by the trial court. The sentence is only of imprisonment for a period of six months plus a fine of Rs.2,000/-. It is stated avk 1/3

that the amount of fine has already been paid by the applicant. Inspite of the bail order, the applicant was taken into custody as he did not comply with the requirement to furnish two sureties in the amount of bail i.e. Rs.5,000/-.

In the circumstances, it will be proper to to release the applicant on bail.

Pending the hearing and final disposal of the appeal, the substantive sentence imposed upon the applicant shall stand suspended and the applicant shall be released on bail in accordance with the original order i.e. order dated 6th March 2002 passed in the appeal.

After hearing the learned counsel for the applicant, it is directed that the applicant be released on his executing a Personal Bond in the sum of Rs.5,000/- and depositing cash of Rs.5,000/-, temporarily for a period of four weeks, within which period, the applicant shall furnish two sureties in the amount of bail, in accordance with the said order dated 6th March 2002. avk 2/3

Necessary bonds to be executed before the trial court. The application is allowed in the aforesaid terms. (ABHAY M. THIPSAY, J.) avk 3/3