Babasaheb Shankar Dhotre v. The State Of Maharashtra

URS 1 38-IA 2261-21 in BA 980-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2261 OF 2021 IN BAIL APPLICATION NO.980 OF 2017 Babasaheb Shankar Dhotre ] .. Applicant

Versus

The State of Maharashtra ] ... Respondent Ms. Sartaj Shaikh for Applicant.

Smt. P. P. Shinde, APP for State.

CORAM :- A. S. GADKARI , J.

DATE :- 20 SEPTEMBER , 20 P. C. :- by UMESH RAMESH SHINDE Date:

2021.09.24 13:04:14 +0530 UMESH RAMESH SHINDE 1.

This is an application for modification of condition of bail imposed upon the Applicant by order dated 24th March 2021. Paragraph no.13(i) of Order dated 24th March 2021 in Bail Application No.980 of 2017 reads as under :

"[i] Applicant Rajendra Dimpri (A-3) and Applicant Babasaheb Dhotre (A-9) be released on bail in C.R.No.II-3056 of 2016 dated 12th April 2016 registered with Vartak Nagar Police Station, Thane on their furnishing P.R. bond of Rs.50,000/- each with one or more separate local sureties in the like amount."

URS 2 38-IA 2261-21 in BA 980-17.odt 2.

The learned Counsel for the Applicant submitted that despite being an order of bail in favour of the Applicant, he could not avail bail as the condition to furnish local sureties to make up the amount of bail could not be complied with by the Applicant, as the Applicant is ordinary resident of Solapur District. She submitted that it is therefore very difficult for the Applicant to provide local sureties from Mumbai. 3.

It is a matter of fact on record that the Applicant has been directed to be released on bail by an order dated 24th March, 2021 and as he could not furnish 'local' sureties he is still languishing in jail. In view thereof and for the reasons stated in the Application, the paragraph 13(i) of the Order dated 24th March, 2021 is hereby modified and the Applicant is permitted to furnish one or more sureties from Solapur District.

4.

Application is allowed in the aforesaid terms. 5.

All the concerned to act on the basis of the authenticated copy of this Order.

(A. S. GADKARI, J.)