Riyaz Sharif Dongarkar v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1403 OF 2020 IN ANTICIPATORY BAIL APPLICATION (ST) NO. 2620 OF 2020 Riyaz Sharif Dongarkar .... Applicant

Versus

The State of Maharashtra & Anr.

.... Respondents ______ Ms. Ratna Jaiswal a/w. Seema Tambe Wagh for Applicant. Ms. P. N. Dabholkar, APP for State/Respondent. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 22nd DECEMBER, 2020 P.C. :

1.

This interim application is preferred for reduction of the bail amount mentioned in the order granting anticipatory bail to the applicant, from Rs.25,000/- to Rs.15,000/-. 2.

Heard Ms. Ratna Jaiswal, learned counsel for the applicant and Ms. Pallavi Dabholkar, learned APP for State. 3.

The learned counsel for the applicant submitted that the applicant is from a poor family and it was difficult for him to arrange for the sureties as directed. Most of his relatives have gone Digitally signed by Pradeepkumar P. Deshmane Date:

2020.12.22 17:15:02 +0530 Gokhale Pradeepkumar P. Deshmane

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back to their native place during the period of lock-down and, therefore, he is not in a position to furnish solvent sureties. 4.

Learned APP insisted that the order should not be changed.

5.

I have considered these submissions. The applicant was granted anticipatory bail vide order dated 14/10/2020. From the submissions and statement made in the application, it appears that, in spite of his genuine efforts the applicant was unable to furnish the sureties for the sum of Rs.25,000/-. Therefore, I am inclined to modify the earlier order dated 14/10/2020 to certain extent.

6.

Hence, the following order :

ORDER

(i) In the order dated 14/10/2020, in clause (i) following modification shall be made -- "In the event of his arrest in connection with C.R.No.322 of 2020 registered with Versova Police Station, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand

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Only) with one or two local sureties in the like amount. In addition, he shall furnish cash bail to the tune of Rs.10,000/- (Rupees Ten Thousand only)."

(ii) Clause (ii) of that operative part of the order dated 14/10/2020 was modified/clarified vide order dated 04/11/2020. The corrected clause (ii) shall remain as it is.

(iii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)