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Bombay High CourtIA/2911/2023disposed off

Sagar@Tapas Ajit Chakraborty v. State Of Maharashtra

2023-08-31Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2911 OF 2023 in BAIL APPLICATION NO. 3242 OF 2021 Sagar @ Tapas Ajit Chakraborty ....Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Sambhaji M. Kharathmol, Advocates for the Applicant. Ms. Pallavi N. Dabholkar, APP for Respondent No. 1 -State. CORAM : SHIVKUMAR DIGE, J.

DATE : 31st AUGUST, 2023.

P.C. :

1.

This application is for modification of order. 2.

Learned counsel for the applicant submitted that this Court (Coram : Bharati Dangre, J.) by order dated 29th August 2022, has granted bail to the applicant on furnishing P.R. bond to the extent of Rs.25,000/- with one or more sureties in the like amount but applicant could not furnish one or more sureties as directed by this SHUBHADA SHANKAR KADAM Court as he is the resident of West Bengal. Though the bail order is 1/3 SHUBHADA SHANKAR KADAM Date: 2023.09.05 12:15:37 +0530

passed, applicant is behind bar since more than one year. Hence, applicant be enlarged on bail on furnishing cash bail. 3.

Learned APP strongly objected to allow the application on the ground that the allegations against applicant are serious and if he is released on bail, he may abscond. Learned APP submitted that the trial has commenced and two witnesses have been examined and only four witnesses are remained to be examined. Hence, requested to reject the application.

4.

I have heard both learned counsel.

5.

Admittedly, bail is granted to the applicant by this Court and direction was given to the applicant to furnish P.R.bond to the extent of Rs.25,000/- with one or more sureties in the like amount. Applicant is not in a position to give sureties as directed by this Court. After passing bail order, applicant is behind bar for more than one year. Since arrest, he is behind bar since more than six years. 6.

In view of above, I pass following order :

1.

Applicant be released on cash bail of Rs.25,000/- on execution of P.R.Bond in the like amount.

2.

Applicant shall inform his latest place of residence and mobile number immediately after being released and/or 2/3

change of residence or mobile details, if any, from time to time to the Investigating Officer.

3.

Applicant shall attend Shil Daighar Police Station, District Thane, once in a month i.e. on first Monday of every month between 11.00 a.m. to 3.00 p.m. till conclusion of trial.

7.

The application is allowed in above terms and disposed off. 8.

All concerned to act upon authenticated copy of this order. (SHIVKUMAR DIGE, J.) 3/3