Milind Shrirang Gaikwad v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.442 OF 2017 Milind Shrirang Gaikwad ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.P.M.Rajput, for the Applicant.

Mr.R.M.Pethe, A.P.P for the Respondent-State. PSI - Waghmode, Bhandup Police Station.

CORAM : REVATI MOHITE DERE, J.

DATE : 11th SEPTEMBER, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the Applicant seeks modification/relaxation of the condition imposed by the learned Additional Sessions Judge, Greater Bombay, vide order dated 16th September, 2016. 3.

The condition of which modification/relaxation relaxation is

2/3 sought, reads thus:- "10.

....

1.

Applicant be released on bail on furnishing PR bond and one or two solvent sureties, total amounting to Rs.50,000/- (Rupees Fifty Thousand Only)."

4.

Learned Counsel for the applicant submits that although the applicant was enlarged on bail vide order dated 16th September, 2016, he is still in custody and is unable to furnish the bail amount. He submits that despite several attempts, the applicant has not been able to get one or two solvent sureties, totaling to Rs.50,000/-.

5.

Learned APP has no objection if the said condition is modified/relaxed.

6.

It appears that the applicant is in custody despite the order dated 16th September, 2016, passed by the learned Additional Sessions Judge, Greater Bombay, enlarging the applicant on bail.

3/3 7.

Considering the aforesaid, the application is allowed and the condition set out in clause 1 of para 10, imposed by the learned Additional Sessions Judge, Greater Bombay, vide order dated 16th September, 2016, stands relaxed and modified.

8.

Accordingly, the Applicant be released on PR bond and one or two local solvent sureties, to make up the amount of Rs.30,000/- (Rupees Thirty Thousand Only)." Rest of the conditions imposed vide order dated 16th September, 2016, to remain as it is.

9.

The Application is allowed and disposed of in above terms. 10.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)