Shehnazbano Mohd. Isha Khan v. The State Of Maharashtra

rpa 1/3 937-appp-1527-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1527 OF 2018 IN CRIMINAL BAIL APPLICATION NO.728 OF 2018 Shehnazbano Mohd. Isha Khan .. Applicant Vs.

State of Maharashtra .. Respondent ......

Ms.Shaba N. Khan i/b. Mr.Nizamuddin Khan, Advocate for the Applicant.

Mr.A.R. Kapadnis, APP for the Respondent - State. Mr.Gachhe, PSI & Mr.Savant PSI, Malvani Police station, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

DECEMBER 14, 2018.

P.C. :

This is an application to furnish cash bail security in lieu of surety bond.

Applicant was granted bail by this Court vide order dated 13th June, 2018, passed in Bail Application No.728 of 2018, in connection with C.R.No.487 of 2017, registered with Malvani Police Station, Mumbai. The applicant was released on bail on her furnishing P.R.Bond in the sum of Rs.25,000/-, with one or two solvent local sureties in the like amount.

rpa 2/3 937-appp-1527-18.doc It is submitted that the charge-sheet has been filed in this case. Applicant has submitted a surety application before the Sessions Court for the sum of Rs.10,000/-, and the said application is verified by the concerned police station, and after verification, report has been filed before the Court on 17th November, 2018. The Court has not yet accepted the said surety, as the applicant could not furnish second surety for the sum of Rs.15,000/-. Applicant is unable to furnish second surety, and, therefore, she is compelled to languish in jail since 13th June, 2018. It is, therefore, submitted that the order granting bail may be modified by permitted the applicant to furnish cash bail security of Rs.15,000/-, in lieu of surety for the said amount. Applicant is a lady.

She was granted bail by this Court by order dated 13th June, 2018. Since she is unable to furnish the surety in the sum of Rs.15,000/- the applicant has continued to be in custody. She has already furnished surety of Rs.10,000/-, which is accepted by the Court.

(i) Applicant is directed to be released on bail in connection with C.R.No.487 of 2017, dated

rpa 3/3 937-appp-1527-18.doc 1st August, 2018, registered with Malvani Police Station, Mumbai, on her furnishing P.R. Bond in the sum of Rs.10,000/-, with one or more sureties in the like amount, and, on furnishing cash bail security of Rs.15,000/-; (ii) Applicant shall furnish details of her residential address to the Malvani Police Station, Mumbai, after she released on bail;

(iii) Other conditions stipulated in order dated 13th June, 2018, shall remain intact;

(iv) Criminal Application stands disposed of. (PRAKASH D. NAIK, J.)