M/S Annapurna Traders Thr. Its Proprietor Mr. Purushottam S/O Hajarilal Agrawal v. M/S Sanchay Traders Thr. Its Proprietor Mr. Chainkumar S/O Leekchand Jain

APPP.235.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

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CRIMINAL APPLICATION (APPP) NO. 235/2023 IN CRIMINAL (APPA) NO. 187/2023 IN CRI.APPA NO. 989/2022 M/s Annapurna Traders Through Its Prop: Mr.Purushottam Hajarilal Agrawal .. Applicant versus Mr. Sanchay Traders Th: its Prop:Chainkumar Leekchand Jain ..Respondent ............................................................................................................. Mr. Pankaj Jibhkate, Adv. for applicant (ori. non-applicant/accused) Mr. A.R.Agrawal,Adv.for original applicant ..............................................................................................................

CORAM

: ANIL L.PANSARE, J.

DATE D : 6th February, 2023 PC:

By this Application, the applicant/original accused has made a request to modify the order dated 30.01.2023 passed by this Court. 2.

The applicant, who did not attend this Court was arrested on issuing non-bailable warrant and was produced before this Court. Upon consideration of the submissions made and on the strength of the undertaking/ assurance given by the learned Advocate for the present applicant/ (ori.non-applicant), he was released on bail upon furnishing PR bond of Rs. 25,000/- with one surety in the like amount. 3.

The applicant/(original non-applicant) has come up with the case that he could not arrange one surety in the like amount and, therefore, seeking modification in the order to the extent of relaxation of furnishing one surety in the like amount and instead directing the applicant to furnish cash

APPP.235.23 surety of the same amount.

4.

Since the applicant /(original non-applicant) has been acquitted in the case before the trial Court, it would be appropriate to modify the condition No.(ii) of the order dated 30.01.2023, which will now read as follows :- "The applicant Chainkumar Leekchand Jain be released on bail upon furnishing PR bond of Rs.25,000/- and cash surety in the like amount. The cash surety be furnished within two working days." The condition No.(iii) of the order dated 31.01.2023 directing the applicant to arrange surety within one week being redundant, stands deleted.

The Application is disposed of.

[ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: