← Library
Bombay High CourtIA/2776/2023disposed off

Rajendra Dattatraya Kadam v. State Of Maharashtra

2023-08-03Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2776 OF 2023 IN CRIMINAL REVISION APPLICATION NO.222 OF 2023 Rajendra Dattatraya Kadam ..... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Hitesh Mutha, Advocate (appointed) for the Applicant. Mr. Arfan Sait, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 03rd AUGUST, 2023 P.C. :

1.

This is an application preferred in Criminal Revision Application No.222/2023. The Applicant' s Revision Application was admitted vide order dated 6.7.2023. In I.A. No.2424/2023 in the said Criminal Revision Application, the Applicant was granted bail. The operative part of the order reads thus :

"During pendency and final disposal of Criminal Revision Application (stamp) No.11416/2023 filed by the present Applicant, the Applicant is Deshmane(PS)

: 2 :

directed to be released on bail on his executing a PR bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one or two sureties in the like amount."

It was made clear that said bail order was passed in connection with the subject matter only.

2.

Learned counsel for the Applicant submitted that only a few days are left before the Applicant is released on completing his entire sentence. He is unable to get the sureties within a short period. His financial condition is very poor and, therefore, he is not able to furnish cash bail as well.

3.

Learned APP submitted a report of the Superintendent of Jail, Kolhapur Central Prison wherein it is mentioned that the Applicant is likely to be released on 6.9.2023 after completion of his entire sentence. 4.

Considering this situation, it would be in the interest of justice that the Applicant is immediately released on bail merely on execution of a PR bond without asking for

: 3 :

surety or any cash bail.

5.

Hence, the following order:

:: O R D E R ::

i. The order dated 6.7.2023 passed in Interim Application No.2424/2023 in Criminal Revision Application (stamp) No.11416/2023 is modified and the Applicant is now directed to be released on bail on his executing a PR bond in the sum of Rs.10,000/- (Rupees Ten Thousands Only).

ii. It would not be necessary for him to furnish surety or furnish cash bail. This bail order would be effective during pendency and final disposal of Criminal Revision Application.

iii. With these modification, present Application is disposed of.

by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2023.08.03 17:56:26 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE (SARANG V. KOTWAL, J.) Deshmane (PS)