Pijushkanti Pratulkanti Roy v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 572 OF 2018 Pijushkanti Pratulkanti Roy ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. Rafique Shaikh a/w Mr. Sharif Khan for the applicant. Mr. A.R. Kapadnis, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 7th DECEMBER, 2018.

P.C.

1.

This is an application for modification of order granting bail passed by the Sessions Court dated 7th July, 2018, the applicant was directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- with one or more solvent sureties in the like amount, out of which one should be local surety. Apart from that similar other conditions were also imposed such as not to leave India without prior permission of the Investigating Officer and trial Court, to give proof of residential, phone number, Adhar Card, election card and passport if any and to report any change to the Investigating Officer etc.

2.

The applicant had preferred an application before the

Sessions Court for modification of the said order which was partly allowed and the application was granted time to furnish surety by eight weeks by releasing on cash bail for a temporary period. When this application was heard on the earlier occasion, this Court by order dated 26th October, 2018 extended the cash bail facility till 21st November, 2018 and thereafter till 7th December, 2018. Learned counsel for the applicant submits that applicant is resident of Kolkata and hence he is not in a position to furnish local surety. In accordance with order dated 7th July, 2018. Hence, inspite of order dated 7th July, 2018 passed by the Sessions Court, the applicant is not in a position to furnish local surety. Applicant may be permitted to furnish the surety as stipulated in the aforesaid order from Kolkata.

3.

Learned APP submitted that applicant was directed to furnish the local surety as the applicant will be available for trial since he is resident of Kolkata. It is noted that several other conditions were imposed while granting bail to the applicant. 4.

In the circumstances, the order dated 7th July, 2018 is modified as follows

ORDER

i.

Applicant be released on bail in C.R. No. 03/2018 registered

by Cyber Police Station, Crime Branch, Mumbai for the offence punishable under Section 419, 500, 501, 502, 504, 465, 468, 469, 471 and 474, 34, 120(B) of Indian Penal Code read with 66C, 66D of Information Technology, on furnishing P.R. Bond of Rs..50,000/- with one or more solvent surety in the like amount. ii.

Applicant is at liberty to furnish surety from Kolkata. iii.

Cash facility granted by the Sessions Court is extended -by twelve weeks.

iv.

Application stands disposed off.

( PRAKASH D. NAIK, J. )