Arif Anwar Ali Qureshi And ANR v. The State Of Maharashtra

Nalawade A.S.

1 /2 Appln.818-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION N0.818 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's or Judge's orders Court's orders or directions and Registrar's orders Mr. Mateen Abdul R. Shaikh for the Applicant. Ms.M.H.Mhatre, PP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 11th December, 2015 P.C.

This is an application for modification of the condition no.2 imposed by the learned Additional Sessions Judge, Palghar in Bail Application NO.258/2015 thereby releasing the applicant on bail. By the said condition the learned trial court while imposing the said condition has directed that the applicant shall be released on bail by his executing PR bond of Rs.20,000/- with solvent sureties in the like amount.

2) Learned counsel for the applicant submitted that the applicant is a labourer and hails from the lower economic strata of the society. He therefore, submitted that it is not

Nalawade A.S.

2 /2 Appln.818-15 practically possible for the applicant to give solvent surety for the said amount. He further submitted that though the order was passed on 24.11.2015 the applicant is still languishing in jail as he was unable to comply with the said condition. In view of the above, I am inclined to modify the said condition. Hence, the following order.

ORDER

a) The condition no.2 in order dated 24.11.2015 passed in BA NO.258/2015 by the additional Sessions Judge, Palghar is hereby modified and the applicant is hereby directed to furnish PR bond of Rs.10,000/- with one or two solevant sureties in the like amount.

b) Rest of the conditions in the said order dated 24.11.2015 are kept in tact.

c) Application is allowed in the aforesaid terms.

d) All the concerned to act on a copy of this order duly authenticated by the registry of this court.

(A.S. GADKARI, J.)