Omprakash Payarelal Sonar And ORS v. The Sr. Police Inspector And ANR
1/4 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.514 OF 2017 IN CRIMINAL REVISION APPLICATION NO.132 OF 2017 Omprakash Payarelal Sonar and Ors.
...Applicants
Versus
The Senior Police Inspector and Anr.
...Respondents
Mr.Mateen Abdul Rahim Shaikh, for the Applicants. Mr.S.S.Pednekar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.
DATE : 29th SEPTEMBER, 2017 P.C. :
1.
Heard learned Counsel for the parties.
2.
By this application, the Applicants seek modification/relaxation of clause (ii) para 6, imposed by this Court (Coram:Smt.Anuja Prabhudessai, J.) vide order dated 22nd August, 2017, passed in Criminal Application Nos.132 and 133 of 2017 in Criminal
2/4 Revision Application No.132 of 2017.
3.
The condition of which modification/relaxation is sought, reads thus:- "6.
....
(i) ...
(ii) The execution of sentence imposed vide judgment dated 25th April, 2012 in C.C.No.3700001/PW/2005 is suspended till disposal of the appeal on merits, on the applicants furnishing fresh bail bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the learned Addl. Chief Metropolitan Magistrate, 37th Esplanade, Mumbai."
4.
Learned Counsel for the applicants submits that instead of one solvent surety in the like amount to the satisfaction of the learned Addl. Chief Metropolitan Magistrate, 37th Esplanade, Mumbai, the applicants may be permitted to furnish more than one solvent surety in the like
3/4 amount to the satisfaction of the learned Addl. Chief Metropolitan Magistrate, 37th Esplanade, Mumbai and that the order dated 22nd August, 2017, passed by this Court, be modified/relaxed. 5.
Learned APP has no objection if the said condition is modified/relaxed.
6.
Considering the aforesaid, the application is allowed and the condition set out in clause (ii) of para 6, imposed by this Court (Coram:Smt.Anuja Prabhudessai, J.) vide order dated 22nd August, 2017, passed in Criminal Application Nos.132 and 133 of 2017 in Criminal Revision Application No.132 of 2017, stands relaxed and modified. 7.
Accordingly, the Applicants shall now furnish fresh bail bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) each, with one or more solvent sureties in the like amount to the satisfaction of the learned Addl. Chief Metropolitan Magistrate, 37th Esplanade, Mumbai." Rest of the conditions imposed vide order dated 22nd August, 2017, to remain as it is.
4/4 8.
The Application is allowed and disposed of in above terms. 9.
All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)