Kadar Basha Shaikh v. The State Of Maharashtra

26-IA-4205-2022.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 4205 OF 2022 IN CRIMINAL BAIL APPLICATION NO. 181 OF 2020 KADAR BASHA SHAIKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Pranav P. More h/f Mr. S. B. Shelar, Adv. for the applicant. Ms. P. N. Dabholkar, APP for the Respondent-State. Mr. Rasam, PSI attached to Malad Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 9, 2022.

P.C. :

1.

This is an application for modification of the condition of bail imposed by this Court while releasing the applicant on bail vide order dated 27th August, 2021 passed in Bail Application No. 181 of 2020. The said order has been passed as on 27th August, 2021. Since then the applicant has not been able to avail the bail, as he was not in a position to furnish local sureties.

2.

The application has been opposed by the learned APP for the State.

3.

Considering the reasons mentioned in the application

26-IA-4205-2022.doc and also considering that the applicant almost for a period of one and half year has not been able to avail bail, which was granted to him, the condition imposed at clause (ii) vide operative order of the order dated 27th August, 2021, is modified and the same shall read as under :- "(ii) The applicant is directed to be released on bail in connection with C.R. No. 124 of 2019 registered with Malad Police Station, Mumbai, on executing PR Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one or more sureties in the like amount."

4.

In addition to this condition, the applicant shall be released on furnishing cash bail of Rs. 50,000/- (Rupees Fifty Thousand Only) in lieu of sureties for a period of six (6) weeks from today.

5.

The prosecution shall be at liberty to seek cancellation of the applicant's bail, if there is breach of any of the aforesaid conditions.

6.

Criminal Interim Application No. 4205 of 2022 is allowed in the aforesaid terms and disposed of accordingly. (M. S. KARNIK, J.)