Shyamal S. Acharya v. Central Bureau Of Investigation And ANR

Dond 1/2 appln.861-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.861 OF 2015 ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Dinesh Kadam i/b MZM Legal for Applicant. Ms. Rebecca Gonsalvez, Special PP for Respondent No.1. CORAM : A.S. GADKARI, J.

DATE : 29th January 2016.

P.C.:

1] This is an application for relaxation of the condition imposed upon the applicant by the learned Special Judge while releasing the applicant on bail by its order dated 20th July 2015. While releasing the applicant on bail, the learned Special Court for CBI has imposed the condition that the applicant shall be released on bail on executing PR bond of Rs.50,000/- with one or more sureties of the like amount.

2] It is submitted that the applicant has already been released on bail on his furnishing provisional cash bail. In the application, the applicant has stated that the process for submitting the sureties is far too complicated, time consuming and irksome and therefore he is unable to comply with the said condition. The said contention of the applicant cannot be accepted because the procedure which has been established under the law and rules framed thereunder has to be followed even if applicant feels that it is time consuming and irksome. The learned Special PP further pointed out that the applicant is also involved in

Dond 2/2 appln.861-2015.sxw another crime and therefore while releasing him on bail, the learned Trial Court has imposed such a condition. It is to be noted here that while releasing the applicant on bail, has not limited the number of sureties, but has stated that "one or more sureties".

3] In view of the above, the applicant is entitled to submit more than one sureties to make up the amount. Apart from the same, I am of the considered opinion that the reasons given by the applicant for relaxation of the condition cannot be accepted.

4] In the premise, I find no merits in the application and the same is accordingly dismissed.

(A.S. GADKARI, J.)