Bombay High CourtAPPLN/237/2019others disposed off

Santosh Salunkhe v. The State Of Maharashtra

2019-09-04Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 237 OF 2019 Santosh Salunkhe ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Hetal Jobanputra for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 4 th SEPTEMBER 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks his release on provisional cash bail for a period of eight weeks in Special Case No. 396 of 2016.

Perused the papers. The applicant, aged 20 years, was enlarged on bail by the Sessions Court vide order dated 4th May 2017. The Sessions Court directed that the applicant be released on bail on executing PR bond of Rs. 30,000/-, with one solvent surety in the like 1/3

amount. Several other conditions were also imposed by the Sessions Court vide the said order. It appears that subsequently, the applicant has filed an application before the Sessions Court and sought modification of the said order, pursuant to which, the learned Sessions Judge, vide order dated 29th January 2018, was pleased to modify clause (2) of the order dated 4th May 2017, inasmuch as, the applicant was directed to be released on bail on executing two sureties of Rs. 15,000/- each. It appears that inspite of the said order, the applicant was unable to furnish sureties and hence, the applicant filed an application seeking provisional cash bail of Rs. 30,000/- for a period of eight weeks. The said application was rejected by the learned Sessions Judge vide order dated 18th December 2018. Hence, this application.

For the reasons set out in the application, the application is allowed and the applicant is released on provisional cash bail of Rs. 30,000/- for a period of eight weeks. The applicant to comply with the orders dated 4th May 2017 and the order dated 29th January 2018.

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Application is accordingly disposed of.

All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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