Janardhan Arvidn Parulekar v. The State Of Maharashtra
2024:BHC-AUG:11049 988-CrAn-2053-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2053 OF 2024 JANARDHAN ARVIDN PARULEKAR
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Majit S. Shaikh APP for Respondent : Ms. P. J. Bharad ...
CORAM : S. G. MEHARE, J.
DATE : 14-06-2024 PER COURT :- 1.
Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.
2.
The applicant has impugned the order of the learned learned Additional Sessions Judge, Nandurbar, passed below bail application Exhibit-10 in Special Case No.1 of 2019, dated 28.04.2023.
3.
The applicant has preferred application for relaxation of condition imposed against him to furnish the solvent surety of Rs.10,00,000/-. However, he is ready to execute P.R. bond of Rs.10,00,000/- and the order to furnish solvent surety of Rs.10,00,000/- may be reduced to Rs.1,00,000/-. The similar prayer has been accepted by the order of this Court, in Criminal Application No.293 of 2024, dated 22.02.2024. 4.
The reasons for relaxation of condition are sound and
988-CrAn-2053-24.odt acceptable. Many crimes are registered against the applicant. The law is that the solvency should be asked considering the ability and financial conditions of the person to whom bail has been granted. The rigid conditions should not be imposed that the accused could not comply with. Bail is only an interim arrangement till conclusion of the trial to secure the presence of the accused through a person who is known as surety. It is a contract between the Court and the surety who is bound to produce the accused on every date of the trial and if he fails, surety is liable to be forfeited.
6.
In view of the above, the Court is of the view that the application deserves to be partly allowed. Hence, the order :-
ORDER
i) Criminal application is partly allowed.
ii) The condition imposing to furnish solvent surety of Rs.10,00,000/- (Rs. Ten Lakh) is reduced to Rs.1,00,000/- (Rs.One Lakh).
iii) The clause (i) of the order of the learned Additional Sessions Judge, Nandurbar passed below bail application Exhibit-10 in Special Case No.1 of 2019, is set-aside as mentioned above in clause (ii) of this order.
iv) Rest of the bail conditions are maintained.
( S. G. MEHARE ) JUDGE rrd