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Bombay High CourtAPPP/470/2016modified

Abdul Karim Yusuf Shaikh v. The State Of Maharashtra

2016-07-07Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.470 OF 2016 IN BAIL APPLICATION NO.644 OF 2015 Abdul Karim Yusuf Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Arun Rajput, for the Applicant Ms.S.S.Kaushik, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 7th JULY, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks modification of the condition imposed by this Court (Coram:Mrs.Mridula Bhatkar,J.) vide order dated 21st April, 2016 passed in Criminal Bail Application No.644 of 2015, whilst granting bail to the applicant. The condition of which modification is sought reads as under;-

2/3 "5. (b) The applicant/accused be enlarged on bail upon furnishing P.R.Bond in the sum of Rs.50,000/- with one or two local solvent sureties in the like amount."

3.

Learned Counsel for the applicant submits that the applicant is languishing in jail for the last two years and that despite the order dated 21st April, 2016, enlarging him on bail, the applicant has not been able to comply with the said directions. He, therefore, prays that the applicant be permitted to furnish one or two solvent sureties from within the State of Maharashtra, instead of 'local' sureties as directed by this Court. 4.

Learned A.P.P states that she has no objection if the order is modified to the above extent.

5.

Accordingly, for the reasons set out in the application, following order is passed : -

ORDER

(i) The applicant/accused be enlarged on bail upon furnishing P.R.Bond in the sum of Rs.50,000/-

3/3 with one or two solvent sureties in the like amount instead of one or two local solvent sureties in the like amount. The said one or two solvent sureties in the like amount, shall be from within the State of Maharashtra;

(ii) Rest of the conditions imposed vide order dated 21st April, 2016 to remain as it is.

6.

The application is accordingly allowed in the above terms. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.