Santosh Pandurang Shetty v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 998 OF 2015 Santosh Pandurang Shetty ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.K.M.Mhatre, for the Applicant Mr.S.S.Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 22nd SEPTEMBER, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks reduction/modification of the condition imposed by the learned Special Judge vide order dated 30th December, 2013, directing the release of the applicant, on his executing a P.R.Bond in the sum of Rs.2 lakh with one or two sureties in the like amount.

3.

Learned Counsel for the Applicant submits that despite the said 1/4

2/4 order having been passed on 30th December, 2013, enlarging the applicant on bail, the applicant has not been able to avail of the same till date. He submits that the applicant had filed an application on 29th July, 2015 before the learned Special Judge, M.C.O.C. Court, seeking reduction of the said amount, however, the said application was rejected. Learned Counsel for the Applicant submits that all the other co-accused have been enlarged on bail on executing P.R.Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. He submits that the applicant has not been able to arrange for the surety of the aforesaid amount of Rs.2 lakh despite making several efforts, and hence prays for reduction of the said amount. It appears that despite the order dated 30th December, 2013, the applicant is unable to get the said surety as directed vide order dated 30th December, 2013 i.e. for more than 1 1⁄2 year.

4.

Learned APP has no objection to the modification sought. 5.

Considering the aforesaid, the condition is modified to the extent that 'the applicant shall now be released on his executing a P.R.Bond in the sum of Rs.50,000/- with one or two sureties in the like 2/4

3/4 amount'. The rest of the conditions imposed vide order dated 30th December, 2013, shall remain the same.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

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

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4/4 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.

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