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Bombay High CourtAPPP/938/2017others disposed off

Sibte Ali Ahmed Hassan Rizvi v. The State Of Maharashtra

2018-02-21Hon'Ble Shri Justice A.S. Gadkari2 pages

35 appp 938-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 938 OF 2017 IN CRIMINAL APPLICATION NO. 336 OF 2017 Sibte Ali Ahmed Hassan Rizvi ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. S.R. Mithare for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 21th FEBRUARY, 2018 P.C.:

.

This is an application for further modification of condition of furnishing one or more local sureties in the amount of Rs.1,00,000/- Heard the learned Counsel for the Applicant and the learned APP. Perused the record.

The learned Counsel for the Applicant submitted that Applicant hails from Jamshedpur, State of Jharkhand and it is very difficult for him to get solvent local surety in the like amount.

The Learned APP on instructions submitted that if local sureties are not given, it is difficult for the prosecuting agency to trace the Applicant from the State of Jharkhand at the time of trial.

Sneha Chavan 1/2

35 appp 938-17=.doc In view thereof, the said condition if further modified and the Applicant is directed to furnish additional cash security of Rs.5,00,000/-. The said security amount will be deposited in the Registry of the Trial Court within a period of three months from today. In addition to the said cash security, the Applicant shall furnish documents of proof of his residential address from the State of Jharkhand and shall also provide other documents pertaining to immovable property of his parents and/or wife.

In view thereof, the condition to submit one or more local sureties is hereby waived.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2