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Bombay High CourtAPPLN/704/2018others disposed off

Sevier Jooj Noronha And ANR. v. The State Of Maharashtra

2018-12-18Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 501-appln-704-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 704 OF 2018

1. Sevier Jooj Noronha

2. Pravin Bastyanav Noronha ... Applicants Vs.

The State of Maharashtra ... Respondent ...

Mr. Abdul Latif I/by Mr. Rachana Divekar for the applicant. Mrs. G.P. Mulekar, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 18th DECEMBER, 2018.

P.C.

1.

The applicants have been granted bail by the Sessions court by order dated 13th November, 2018 passed in B.A. No. 1033 of 2018. The applicants were directed to be released on bail on executing PB and SB of Rs.50000/- with one or more sureties in the like amount in CR No. 377 of 2018 registered with Pawai Police Station. Learned counsel for the applicants submits that applicants were arrested on 16th August, 2018 and since then they are in custody. It is submitted that although, the applicants were granted bail on 13th November, 2018 for want of surety, they have continued to be in custody. It is therefore prayed that the amount

Sknair 501-appln-704-18.odt of surety be reduced or in the alternative the applicants be permitted to furnish cash security.

2.

As noted above, the applicants are released on bail vide order dated 13th November, 2018 and they could not furnish the surety in accordance with the said order. The prayer for cash security cannot be accepted, however, considering the aforesaid circumstances, I pass the following order.

ORDER

(i) Order dated 13th November, 2018 passed by the Sessions Court in B.A. No. 1003 of 2018 qua the applicants is modified and the applicants are directed to be released on bail on executing PB and SB of Rs.25,000/- each with one or more sureties in the like amount in CR No. 377 of 2018 registered with Powai Police Station.

(ii) Application stands disposed off.

( PRAKASH D. NAIK, J. )