Hyacinth Ocianik Uzoigwe v. The State Of Maharashtra

1 /2APPP-696-16-909 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 696 OF 2016 IN BAIL APPLICATION NO. 193 OF 2016 Hyacinth Ocianik Uzoigwe vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ayaz Khan for the Applicant.

Ms. S.S. Kaushik, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 6th October, 2016 P.C.

1.

This is an application for relaxation of condition inter alia praying for cash bail in stead of PR bond off Rs.1.00 lac. with one surety as and when directed by this Court by its order dated 28.7.2016 while releasing the applicant on bail.

2.

The learned counsel for the applicant submitted that the applicant being a foreign national it is very difficult for him to get one surety in the like amount of Rs.1.00, as has been directed by this Court by an order dated 28.7.2016. He therefore, prayed that the applicant may be granted cash bail for a limited period within which he will be able to submit the sureties.

3.

The learned APP on instructions opposed the application and submitted that as per the record

2 /2APPP-696-16-909 maintained by the Investigating Officer, many accused persons who are foreign nationals and who have been released on cash bail are absconding and therefore, the applicant may not be granted cash bail even for limited period.

4.

In view of the above, the condition for furnishing one surety in the like amount is hereby modified and the applicant is permitted to furnish one or more sureties in the like amount.

5.

It is made clear that the rest of the conditions imposed upon the applicant by order dated 28.7.2016 are not disturbed.

6.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)