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Bombay High CourtIA/1928/2021disposed off

Rakeshlal Babulal Garg v. The State Of Maharashtra

2021-08-12Hon'Ble Shri Justice Prakash D. Naik2 pages

12-Ia-1928-2021-In-Ia-789-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1928 OF 2021 IN INTERIM APPLICATION NO. 789 OF 2021 IN CRIMINAL APPEAL NO.697 OF 2018 Rakeshlal Babulal Garg ... Applicant

Versus

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

Ms. Mallika Sharma I/BY Ms. Anjali Patil, Advocate for the Applicant.

Mr. S. R. Agarkar, APP for the Respondent - State. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

12th AUGUST, 2021.

PER COURT :

1.

The applicant was granted bail vide order dated 26th July, 2021, on the ground of health condition of his wife for a period of six months.

2.

Learned counsel for the applicant submitted that although bail was granted to the applicant, vide order dated 26th July, 2021, on account of several hardships, the applicant could not furnish surety and he has continued to be in custody. Considering, by SAJAKALI LIYAKAT JAMADAR Date:

2021.08.13 11:21:40 +0530 the fact that the wife of the applicant is ailing and requires to be SAJAKALI LIYAKAT JAMADAR SLJ

12-Ia-1928-2021-In-Ia-789-2021.doc treated urgently, the applicant can be released on provisional cash bail for a period of 12 weeks.

3.

The applicant has been granted temporary bail by order dated 26th July, 2021. Considering the purpose for which bail is granted, the order dated 26th July, 2021 can be modified by permitting the applicant to furnish cash bail for a period of six weeks.

ORDER

(i) Order dated 26th July, 2021 passed by this Court in Interim Application No.789 of 2020 is modified. (ii) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of six weeks in lieu of surety.

(iii) Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) SLJ