Ganesh Mahadeo Kasrang v. Guru Murti Math And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 420 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 415 OF 2017 Ganesh Mahadeo Kasrung ...Applicant

Versus

Gurumruti Math & Anr.

...Respondents

Mr. Rajesh A. More for the Applicant Mr. S. S. Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 15 th SEPTEMBER, 2017 P.C. :

1.

Heard learned Counsel for the applicant.

2.

By this application, the applicant seeks relaxation/modification of the condition of attendance imposed by this Court (Coram : A. K. Menon, J.) vide order dated 2nd August, 2017 passed in Criminal Revision Application No. 415 of 2017 with Criminal Application No. 391 of 2017. The condition of which the relaxation/modification is sought, reads thus : 1/3

"8(a) There will be ad-interim order in terms of prayer clause (a) on the condition that the applicant will attend before the JMFC Pimpri, Pune on every Monday at 10 am till further orders."

The applicant further seeks permission to execute the personal bond or sureties of the amount before the learned Additional Sessions Judge, Pune.

3.

Learned Counsel for the applicant submits that the proceedings in question arise out of 138 of the Negotiable Instruments Act. He submits that the applicant has been attending the concerned Court of JMFC in Pune on every Monday. He submits that the staff is not available at 10:00 a.m. and therefore, the applicant is required to remain for almost half a day in the Court, as at 11:00 a.m., the staff is busy with Court work. He submits that the applicant is ready to furnish personal bond or surety before the Trial Court.

4.

In view of the aforesaid, the application is allowed and the 2/3

condition of attendance on every Monday at 10 a.m. till further orders, is relaxed. Accordingly, the applicant is not required to attend the concerned Court. The applicant is granted interim bail on executing PR Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount, before the learned Additional Sessions Judge, Pune.

5.

The application is accordingly disposed of.

6.

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

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