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Bombay High CourtAPPLN/565/2018others disposed off

Sainath M Sanil v. The State Of Maharashtra

2018-11-29Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 926-appln-565-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 565 OF 2018 Sainath M. Sanil ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. Laxminarayan Shukla for the applicant.

Mr. M.G. Patil, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 29th NOVEMBER, 2018.

P.C.

1.

Applicant was granted anticipatory bail by learned Additional Sessions Judge, Thane by order dated 2nd February, 2018. The FIR was registered with CR I-429 of 2017 with Navghar Police Station for offence punishable under Sections 498(A), 406, 294, 504 and 506 of Indian Penal Code. The applicant is husband of the complainant. Applicant was directed to be released on bail in the event of arrest in connection with aforesaid FIR on furnishing P.R. Bond of Rs.1,00,000/-. Learned counsel for the applicant and complainant has initiated the proceedings of divorce under Section 13(b) of Hindu Marriage Act. It is submitted that the P.R. Bond amount of surety may be reduced to Rs.25,000/-.

Sknair 926-appln-565-18.odt Applicant filed an application for modification of the said order which has been rejected by the Sessions Court on 30th August, 2018.

2.

Considering the aforesaid circumstances and the submission advanced by the counsel for the applicant, the order dated 2nd February, 2018 passed by Additional Sessions Judge, Thane needs to be modified. Hence, I pass the following order.

ORDER

i.

Order dated 2nd February, 2018 passed in Anticipatory Bail Application No. 3257 of 2017 is modified.

ii.

In the event of arrest of applicant in connection with C.R. No. I-429 of 2017 registered with Navghar Police Station, he be releasede on bail on his executing P.R. Bond of Rs.25,000/- with one or two or more solvent surety/sureties of the like amount. iii.

The other conditions shall remain intact.

iv.

Application stands disposed off.

( PRAKASH D. NAIK, J. )