Kondiba Jalindar Katkar v. The State Of Maharashtra

APPLN.312-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 312 OF 2018 Kondiba Jalindar Katkar ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Aashish Pawar for applicant.

Mr. N.B. Patil, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 22nd November 2018.

P.C.:

1] This is an application for modification of condition imposed upon the applicant by the learned Additional Sessions Judge, Pandharpur by its Order dated 19.5.2018 in Criminal Misc. Application No.216 of 2018 while releasing him on bail.

By the said Order, the applicant has been directed to be released on bail on his furnishing PR bond of rupees one lakh along with sureties in the like amount and also to deposit rupees one lakh towards security. The applicant is challenging the condition to the extent of deposit of security amount of rupees one lakh.

2] The learned counsel for the applicant submitted that, the applicant is an agriculturist and hails from lower economical strata of the society and 1/2

APPLN.312-2018.doc therefore it is difficult for him to deposit Rs.1.00 lakh towards security. 3] The record indicates that, though an Order of bail in favour of the applicant is passed on 19.5.2018 by the Trial Court, he is still languishing in jail due to the said onerous condition.

After taking into consideration the facts of the case and in the interest of justice, I am inclined to modify the said condition imposed upon the applicant by the Trial Court.

4] In view thereof, Order dated 19th May 2018 passed by the Trial Court is hereby modified to the extent of quantum of security deposit. Accordingly the applicant is directed to deposit Rs.50,000/- instead of Rs.1.00 lakh as a security. 5] Application is allowed in the aforesaid terms. All the concerned to act on an authenticated copy of this Order. (A.S.GADKARI, J.) 2/2