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Bombay High CourtIA/1990/2022rejected

Rahul Subhedar Goud (Gond) v. The State Of Maharashtra

2022-07-04Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 36 IA-1990.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1990 OF 2022 IN BAIL APPLICATION NO.1757 OF 2020 Rahul Subhedar Goud (Gond) ] ... Applicant Vs.

The State of Maharashtra ] ... Respondent ...

Mr. B.J. Sarwade for the applicant.

Ms. Veera Shinde, A.P.P. for the State.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 04TH JULY, 2022.

P.C.:- 1.

The applicant seeks modification of the order dated 27/04/2022, by which he was released on bail. 2.

The modification sought is to the effect that he shall be continued to enjoy his liberty on cash bail being furnished and he shall be exempted from complying with condition (ii) of the said AJN

2/2 36 IA-1990.22.odt order.

3.

Such an unusual prayer cannot be granted only because the applicant is not able to arrange for a the surety. In any case, he has arranged Rs.30,000/-, when he was released for cash bail. Since the Code of Criminal Procedure contemplates release of accused, on bail, on furnishing surety, no exemption can be granted.

4.

However, since a request is made that the time to furnish the surety be extended for a further period of six weeks, I am inclined to grant the same. It is, however, made clear that if there is a failure to abide by condition (ii) of the order dated 27/04/2022, the Investigating Officer shall be at liberty to arrest the applicant and put him in judicial custody. 5.

The application is rejected.

[SMT. BHARATI DANGRE, J.] AJN