Dilip Bharat Gavand @ Kanwa v. The State Of Maharashtra

(6)APPA-1022-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1022 OF 2016 IN CRIMINAL APPEAL NO.1185 OF 2013 Dilip Bharat Gavand @ Kanwa ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Silvin Y. Kale, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

14th SEPTEMBER 2016.

P.C.

This is an application for extension of time to furnish surety.

From the order passed by this Court earlier, it is found that applicant, who is involved in offence of rape was directed to be released on bail on his furnishing P.R. in the sum of Rs.40,000/- with one or two sureties in the like amount with other conditions. By order dated 4th March 2015, this Court considering the case of applicant that he hails from economic backward class and also considering the fact of ill-health of applicant's father, reduced the amount of bail from Rs.40,000/- to Rs.15,000/-. Applicant was further directed to be enlarged on cash bail for period of six weeks, with Gaikwad RD 1/2

(6)APPA-1022-16 direction to furnish sureties within this period. It is specifically mentioned in the order dated 4th March 2015 that applicant shall not seek extension of time to furnish sureties.

In spite of specific direction, as aforesaid, and rejection of prayer for extension of time to furnish surety by this Court on 10th July 2015, it appear that by order dated 28th April 2016, time to furnish surety was further extended to 30th June 2016. Admittedly, applicant since then has failed to furnish sureties.

Learned Additional Public Prosecutor had placed on record copy of bailable warrant issued against applicant, and on the basis of instructions received from the Investigating Officer, who is present in the Court, states that said warrant is executed. In that view of the matter, there is absolutely no substance in the application of extension of time, being infructuous and disposed of accordingly, as dismissed.

(P. N. DESHMUKH J.) Gaikwad RD 2/2