Ramesh Suresh Soni v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1195 OF 2018 IN CRIMINAL BAIL APPLICATION NO.2401 OF 2016 Ramesh Suresh Soni ... Applicant Vs.

State of Maharashtra ... Respondent ......

Mr.Fakhruddin Khan i/b. Mr.Rajendra S. Bidkar, Advocate for the Applicant.

Mr.A.R. Kapadnis, APP for Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATE : JANUARY 31, 2019.

P.C.

Not on Board. Mentioned. Production of papers of application is allowed at 03:00 p.m.

Applicant was granted bail vide order dated 19th April, 2017, passed by this Court in Bail Application No.2401 of 2016. While granting bail, it was directed that the applicant shall be released on bail on his furnishing P.R. Bond of Rs.25,000/-, with one or two solvent local sureties in the like amount. It was further directed that before his release from jail, the applicant shall provide the documents of his permanent residential address and

2 of 3 502-appp-1195-18.doc also residential address from Mumbai to the investigating agency i.e. Malwani Police Station, Mumbai, and also to the trial Court. He was also directed to attend the Malwani Police Station, Mumbai, on every first Monday of each month between 11:00 a.m. to 03:00 p.m.

Learned counsel for the applicant submits that the applicant is the permanent resident of Uttar Pradesh. The applicant is finding it difficult to furnish local surety. It is submitted that the word "local" appearing in paragraph 4(i) of operative part of the order dated 19th April, 2017, may be relaxed/deleted by permitting the applicant to furnish one or two solvent sureties in the like amount. It is further submitted that since the applicant is the permanent resident of Uttar Pradesh, he would reside along with his friend at Mumbai. The affidavit executed by his friend has been tendered stating the place of residence. The said affidavit is taken on record and marked "X" for identification.

It is noted that the applicant is in custody from 3rd April, 2016, although, the applicant was directed to be released on bail vide order dated 19th April, 2017, he has continued to be in custody since then for want of furnishing local sureties and the residential address from Mumbai.

3 of 3 502-appp-1195-18.doc Hence, I pass the following order:

:: O R D E R ::

(i) Order dated 19th April, 2017, passed by this Court in Bail Application No.2041 of 2016, is modified to the extent that the applicant be released on bail on his furnishing P.R. Bond of Rs.25,000/-, with one or two solvent sureties in the like amount. The trial Court while executing bail bonds, shall verify the contents of affidavit tendered by the applicant with regards to his residential address at Mumbai at the time of execution of surety; (ii) Criminal Application stands disposed of.

( PRAKASH D. NAIK, J. )