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Bombay High CourtAPPA/1291/2019others disposed off

Akbar Bechain Choudhary v. The State Of Maharashtra

2019-08-19Hon'Ble Smt. Justice S.S. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1291 OF 2019 IN CRIMINAL APPLICATION NO. 12 OF 2019 IN CRIMINAL APPEAL NO. 8 OF 2019 Akbar Bechain Chaudhary.

..Applicant.

v/s.

The State of Maharashtra.

..Respondent.

Mr. Milan Desai i/b. Mr. T.R. Patel, advocate for applicant. Mr. Y.M. Nakhwa, APP for State.

Mr. Arvind Chandanshive, PI, Kurar Police Station, Mumbai. CORAM : SMT. SADHANA S. JADHAV,J.

DATE : AUGUST 19, 2019.

P. C. :

Heard the learned Counsel for the applicant and the learned APP for State.

This is an application seeking modifcation of the order dated 6/2/2019 passed by this Court(Coram :A.M. Badar, J) in Criminal Application No. 12 of 2019. Learned Counsel for the applicant submits that although he has been enlarged on bail by an order dated 6/2/2019, he could not avail of the said relief

since his wife could not furnish P.R. bond in the sum of Rs. 15,000/- and solvent sureties.

In view of this, the Order dated 6/2/2019 passed by this Court(Coram : A.M. Badar, J) stands modifed and following clauses are added :

(iv) The applicant be enlarged provisional cash bail of Rs. 15,000/- for a period of 8 weeks from today. Within 8 weeks the applicant shall furnish P.R. Bond in the sum of Rs. 15,000/- and one or more solvent sureties in the sum of Rs. 15,000/-. (v) Upon being enlarged on bail, the applicant shall mark his presence before the Special Court, Dindoshi once in 3 months on the date assigned by the learned Session Judge, Dindoshi. Upon failure to attend any two consecutive dates, the learned Special Court, Dindoshi shall make report to the High Court and the prosecution would be at liberty to seek cancellation of bail.

(vi) The applicant shall not leave Mumbai till fnal disposal of the appeal.

Clause No. (iv) in the order dated 6/2/2019 be renumbered as (vii). The application is allowed and stands disposed of accordingly.

[SMT. SADHANA S. JADHAV, J.]