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Bombay High CourtBA/2712/2017bail granted

Seema Karan v. The State Of Maharashtra

2017-11-30Hon'Ble Shri Justice A.S. Gadkari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2712 OF 2017 Seema Karan ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Ms Radhika Samant, i/by Datta Mane for the Applicant. CORAM : A.S.GADKARI, J.

DATE : 30th NOVEMBER 2017 P.C.:

.

Not on board. By the present praecipe dated 30.11.2017, the matter is taken on board.

2.

The present praecipe is moved for the speaking to the minutes of the Order dated 28.11.2017 in Bail Application No.2712 of 2017. In the said order, it appears that the following sentence has erroneously typed:- "In view of the Order passed in B.A. No.2711 of 2017 the present application at this stage does not survive and is accordingly disposed off."

3.

Learned Counsel for the applicant submitted that as a matter of fact, on 28.11.2017 said two Bail Applications were moved on medical grounds in two different C.R.'s i.e. CR No.205 of 2017 and 206 of 2017. That the order passed in 2711 of 2017 in CR No.206 of 2017 has been correctly typed. 1/3

However, in Bail Application No.2712 of 2017 the aforesaid order has been erroneously typed. Accordingly, the order dated 28.11.2017 passed in Bail Application No.2712 of 2017 is withdrawn and the following order is passed. Hence, the following order:- .

This is an Application for bail prior to filing of charge-sheet on medical ground i. e. the Applicant is pregnant of eight months and ten days. The learned APP on instructions submitted that the averments pertaining to the medical condition of the Applicant are true and correct. 2.

In view thereof, the Applicant can be released on bail. 3.

The learned APP on instructions submitted that the Applicant hails from the State of Madhya Pradesh and Rajasthan and if she is released on bail, she may abscond and will not be available for trial. This apprehension can be taken care of by imposing stringent conditions.

Hence, the following Order:

(i) The Applicant be released on bail in CR No. 205 of 2017 registered with Market Yard Police Station, Pune on her furnishing PR bond of Rs. 25,000/- with one or two solvent local sureties in the like amount; (ii) Before her release from jail, the Applicant shall furnish documents pertaining to her permanent place of residence in the state of Madhya Pradesh and the documents pertaining to her residential address where she intends to reside 2/3

after her release in the State of Madhya Pradesh/Rajasthan to the investigating officer;

(iv) After her release from the jail, the Applicant shall attend the concerned Police Station every 1st Monday of the month between 10.00 a.m. to 1.00 p.m. unless precluded due to medical reasons till the conclusion of trial; (v) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

4.

Application is allowed in the aforesaid terms. 5.

Praecipe is accordingly disposed off.

(A.S.GADKARI, J.) 3/3