Pramod Kumar Bacchan Singh v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1071 OF 2015 IN BAIL APPLICATION NO. 415 OF 2015 Pramod Kumar Bacchan Singh ..Applicant.

Vs.

The State of Maharashtra ..Respondent WITH CRIMINAL APPLICATION NO. 993 OF 2015 IN BAIL APPLICATION NO. 415 OF 2015 Pramod Kumar Bacchan Singh ..Applicant.

Vs.

The State of Maharashtra ..Respondent ----- Mr. Hiten S. Venegaokar for Applicant.

Ms. S.S. Kaushik, APP for the State.

Mr. Sunil Patil, P.S.I. RCF Police Station, Chembur present. ----- CORAM: A.S. GADKARI, J.

DATE : 13th January 2016.

P.C.

The Criminal Application No.1071 of 2015 has been filed by the applicant for modification of order dated 15th June 2015 passed by this Court thereby releasing him on bail, on certain conditions. The condition

2/3 no.2 in the said order is that, 'the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- and one or two local sureties in the like amount'.

As the applicant is having permanent place of residence in the State of U.P., and as there is no permanent place of residence in the State of Maharashtra, it is the contention of the applicant that he is unable to submit local sureties. However, the person who has expressed his willingness to stand as surety for the applicant resides in the city of Kalyan which may be termed as local surety, as is outside the jurisdiction of Mumbai. The Criminal Application No.993 of 2015 has been sent through jail by the applicant thereby praying that he may be released on cash bail in pursuance of order dated 15.6.2015 and/or the trial pertaining to his alleged crime may be expedited and be conducted in time-bound manner.

Mr. Venegaokar, the learned Counsel for the applicant submitted that the applicant has furnished the documents of Shri Ravindra K. Lohar, who has expressed his willingness to remain as surety for the applicant and the said person is staying at Kalyan, outside the jurisdiction of Mumbai and therefore there are technical difficulties in accepting him as surety.

3/3 In view of above, I am inclined to allow the application by modifying the condition no.2, imposed on the applicant by an order dated 15.6.2015. Hence, the following order:

(i) The condition no.2 in the order dated 15th June 2015 is hereby modified and the applicant is permitted to submit one or two sureties from Mumbai or Thane District.

(ii) It is made clear that apart from the aforesaid modification, the other conditions are not disturbed.

Both the applications are disposed off in the aforesaid terms. (A.S. GADKARI,J.)