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Bombay High CourtIA/2094/2022disposed off

Dattatray Bajirao Kate v. The State Of Maharashtra And ANR.

2022-07-27Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2094 OF 2022 IN INTERIM APPLICATION NO.1608 OF 2021 WITH CRIMINAL APPEAL NO.515 OF 2021 Dattatray Bajirao Kate ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Sadanand Bansode, Advocate for Applicant. Smt. Veera Shinde, APP for State/Respondent No.1. Mr. Aditya Bapat, appointed Advocate for Respondent No.2.

__________ CORAM :

SARANG V. KOTWAL, J.

DATE :

27th JULY 2022.

PC :

1.

This is an application for extension of period to furnish sureties. The applicant was granted bail during the pendency of this appeal vide order dated 08th April, 2022 by this court (Coram: Prakash D. Naik, J.). Vide third clause of the operative order the applicant was permitted to furnish cash bail in the sum of Rs.20,000/- for a period of ten weeks in lieu of surety. The applicant could not furnish the surety within that period. However, cash Mudaliyar

surety of Rs.20,000/- was deposited in the Sessions Court, Mumbai and he had executed P.R. Bond. It is submitted that the applicant is from a poor family and he had no relatives or friends to stand as surety for him. His wife has also left him. With great eforts, he could arrange two sureties, but out of them one surety could not remain present before the Trial Court on time because of his health issues therefore, applicant could not furnish the sureties within time.

2.

Considering the situation and the genuine difficulty of the applicant, I am inclined to allow this application. Accordingly, following order is passed :- :: O R D E R ::

1) Time to furnish surety is extended by a period of six weeks from today.

2) Except for this, the Order dated 08.04.2022 passed in Interim Application No.1608 of 2021 in Criminal Appeal No.515 of 2021 shall remain as it is.

3) With this observation, Interim Application No.2094 of 2022 is disposed of.

(SARANG V. KOTWAL, J.)