Kalimuddin @ Guddu Sahfiq Ansari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 411 OF 2015 Kalimuddin @ Guddu Shafiq Ansari ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Ashish Dubey,Advocate appointed for the applicant. Mr. Arfan Sait, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 6th October, 2015.

P.C.

Heard. The learned counsel appointed for the applicant has placed on record a copy of the Judgment in Sessions Case No.4/2015. The present applicant has been acquitted of the offences punishable under Sections 328 and 379 read with Section 34 of IPC by the District and Sessions Judge, Thane vide the judgment and order dated 26.5.2015. The learned Court has directed the applicant to furnish bail bond in the sum of Rs.15,000/- with one solvent surety of the like amount as contemplated under Section 437-A of Cr.P.C.

2.

Today the learned APP is not able to make a statement as to whether the said judgment has been challenged before any Court.

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The learned counsel for the applicant submits that the applicant is from an economically backward class and there is no body to espouse the cause and therefore despite he being acquitted by the judgment and order dated 26.5.2015, he is in jail since he could not furnish bond in the sum of Rs.15,000/- with one solvent surety.

4.

Taking into consideration the fact that the applicant has been acquitted , the applicant be enlarged on executing P.R. Bond as well as an undertaking that he would appear before the Court in the eventuality that the said judgment is challenged before any court of law. The applicant shall furnish his permanent address, cellphone number, landline number and the address and cellphone numbers of two respectable citizens. The application is allowed in the above terms.

5.

The learned Counsel appointed for the applicant has put his best efforts to espouse the cause of the applicant by placing on record the judgment delivered by the Sessions Court dated 26.5.2015. His professional fees is quantified at Rs.2,000/- (Rupees two thousand only) to be paid to the learned counsel within 3 months from today.

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Office to communicate this order to the applicant in Mumbai Central Prison, Mumbai.

Application stands disposed of.

(SMT.SADHANA S.JADHAV, J.)

Mhi 4 CERTIFICATE Certified to be true and correct copy of the original signed order.