Vilas Dhondibhau Kumkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3002 OF 2023 IN CRIMINAL APPEAL NO.134 OF 2019 Vilas Dhondibhau Kumkar ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Manoj Badgujar, Appointed for the Applicant. Mr. K. V. Saste, APP for the State.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 27th SEPTEMBER 2023 P. C. :

1.

This interim application is filed seeking modification of the terms and conditions imposed as per order dated 18th July 2023 for releasing the applicant on bail.

2.

Learned counsel for the applicant submits that the applicant has never stepped out of the jail and due to his financial condition, he is unable to comply with condition no.8(i) of the said order. He submits that the applicant is unable to furnish the P.R. Bond in the sum of Rs.25,000/- with sureties in the like 1/3

amount as directed by the order dated 18th July 2023. He therefore requests for modification of that condition. He however submits that, applicant is ready to comply with condition no.8(i) within a period of six months after he is released on bail. 3.

Learned APP does not dispute the financial condition of the applicant and further also does not dispute that the applicant was never released on furlough or parole, as the applicant had not applied for his release.

4.

In view of the submissions made on behalf of the applicant, we are inclined to grant time to the applicant for compliance of the condition no. 8(i) of order dated 18th July 2023. Hence the application is allowed by passing the following order : (i) The Applicant be enlarged on furnishing P.R. Bond in the sum of Rs.10,000/- and cash bail of Rs.10,000/-, for a period of six months;

(ii) The applicant shall comply with condition no. 8(i) of the order dated 18th July 2023 within a period of six months from the date of his release.

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(iii) The order dated 18th July 2023 to remain as it is, except for aforesaid direction granting the applicant time to comply with condition no. 8(i).

5.

Application is disposed in the above terms.

All concerned to act on the authenticated copy of this order. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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