Bombay High CourtAPPA/349/2015allowed

Bablu Mohan Nimje v. State Of Maharashtra And One

2015-06-23Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRI.APPLIATION (APPA) NO.349 OF 2015 IN CRI.APPEAL NO.387 OF 2012. Bablu Mohan Nimje ..vs.. State of Mah. and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.K.Tiwari, Adv. for the appellant.

Mr.T.A.Mirza, APP for respondent no.1.

Mr.Hirekhan, Adv. for applicant/respondent no.2. Mr.R.R.Gour, Adv. for respondent no.3.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : JUNE 23, 2015.

Heard respective counsel, Applicant has shown readiness and willingness to pay amount of Rs.10,000/- to the State Government as costs imposed upon him for producing him before the Court. He further states that his daughter, who is taking education in 10th standard, can also stand as surety for him.

Learned counsel for the applicant submits that applicant should be released on his earlier bail bond which has been cancelled by this Court.

Learned Additional Public Prosecutor is opposing the request. He points out that the hearing of the matter could not proceed further as applicant/respondent no.2 did not cooperate and did not honour the bailable warrant.

We find that applicant is physically challenged and does not have hands. Applicant has stated that he is always at home. In this situation, without going into other nicety, we direct applicant to deposit amount of Rs.10,000/- with the Registry of this Court only to show his bona fides that he shall remain present on the

2 2306appa349.15.odt nest date of hearing.

The applicant shall furnish sureties/bonds as per earlier order of this Court in action under Section 390 of the Cr.P.Code. Upon this compliance, he shall be released on bail. List the appeal for hearing on 24th of August, 2015. The applicant shall remain present on that day without fail. Application is accordingly allowed and disposed of. JUDGE JUDGE Chute.