Abdul Rehman Jamaluddin Shaikh And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 724 OF 2015 Abdul Rehman Jamaluddin Shaikh & Anr.

..Applicants.

Vs.

The State of Maharashtra ..Respondent ----- Mr. Mateen Shaikh i/b Sharif Shaikh for Applicants. Ms. Rutuja Ambekar, APP for the State.

----- CORAM: A.S. GADKARI, J.

DATE : 18th January 2016.

P.C.

This is an application for modification of order dated 12.8.2015 passed by the Additional Sessions Judge, Greater Mumbai in Bail Application N0.2101 of 2015.

While releasing the applicants on bail, the learned Trial Court has directed that, the applicants shall furnish one or two separate solvent sureties in the sum of Rs.50,000/-. The learned Counsel for the applicants submitted that the applicants are not financially sound and are residing in the slum area. That due to the same till date they are unable to procure or get the sureties. He submitted that either the said surety amount may be reduced or the applicants may be permitted to give more solvent sureties to

2/3 make up the said amount. The learned APP on the other hand contradicted the said statement of applicants that their financial condition is not sound. After taking into consideration the fact that the applicants were directed to furnish solvent sureties by order dated 12.8.2015 and till date they are unable to get the same, I am inclined to modify the order dated 12.8.2015.

Hence, the following order:- (i) The condition no.2 of the order dated 12.8.2015 passed in Bail Application No.2101 of 2015 is hereby modified and the applicants are permitted to furnish one or more separate solvent sureties to make up the amount of Rs.50,000/-.

(ii) Rest of the conditions imposed upon the applicants by order dated 12.8.2015 are not disturbed.

(iii) The application is allowed in the aforesaid terms. All the concerned to act on the authenticated copy of this order.

(A.S. GADKARI,J.)

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