Thavamani W/O Thambi Devendra(Son Of Petitioner Rajkumar S/O Thambi Devendra) v. The State Of Maharashtra

901-wp-4239-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4239 OF 2021 Thavamani w/o.Thambi Devandra ..Petitioner

Versus

The State of Maharashtra ..Respondent __________ Mr. Rupesh Jaiswal for Petitioner.

Mr. J. P. Yagnik, APP for State/Respondent.

__________ CORAM : NITIN JAMDAR AND SARANG V. KOTWAL, JJ.

DATE : 4 DECEMBER 2021 P.C. :

.

Heard the learned counsel for the parties. Taken up for disposal.

2.

The Petitioner has challenged the condition No.5 of the order dated 7 June 2021 imposing condition of production of surety of one Government servant to the tune of Rs.15,000/-, while granting Petitioner the Emergency (Covid-19) Parole. The Petitioner contends that, such a condition cannot be imposed.

3.

The learned APP has fairly accepted that the legal position as laid down by this Court is that, such a condition is not Digitally signed by VINOD BHASKAR GOKHALE Date:

2021.12.06 12:46:46 +0530 VINOD BHASKAR GOKHALE Gokhale

901-wp-4239-21 warranted in law and the Courts have substituted the surety of Government servant with the surety of a friend or relative of the same amount.

4.

In the light thereof, condition No.5 in the order dated 7 June 2021 is modified to the extent of furnishing surety of Government servant to be replaced by friend or relative of the Petitioner, and additional to the surety of a relative and friend already provided for. Rest of the conditions in the order dated 7 June 2021 remains same.

5.

The Writ Petition is accordingly disposed of. (SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)