Smt. Sunita Kishor Bulkar@ Sunita Dipak Awale v. State Of Maharashtra Thr. A.C.P. Sadar,P.S.O., Mankapur, Nagpur

2025:BHC-NAG:149-DB 1 06ca1246.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.1246 OF 2024 IN CRIMINAL APPEAL NO.55 OF 2019 [Sunita Kishor Bulkar @ Sunita Deepa Awale .vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.B. Barve, Advocate for Applicant.

Smt. M.H. Deshmukh, APP for Non-Applicant.

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Coram : Nitin B. Suryawanshi and M.W. Chandwani, JJ. Dated : January 07, 2025.

By this application, applicant-appellant seeks modification and relaxation of condition imposed on her to deposit partial fine amount of Rs.5,00,000/- while releasing her on bail, vide order dated 30.09.2024.

2.

It is the contention of the applicant that, applicant and her husband are behind bars since last eight years. With great difficulty, applicant could arrange for an amount of Rs.2.5 Lakhs for depositing towards the fine amount as per condition imposed by this court. She would arrange for remaining amount of Rs.2.5 Lakhs, within two months, after her release from jail. 3.

Heard learned Advocate for the applicant and learned Additional Public Prosecutor for the non-applicant-State. 4.

Learned APP has opposed the application.

2 06ca1246.24.odt 5.

In view of peculiar facts of the present case and considering the fact that the applicant and her husband are behind bar since last eight years, we are inclined to allow the application. Hence, the following order :

O R D E R

(i) Application is allowed.

(ii) Applicant shall be released on bail on her furnishing P.R. Bond of Rs.50,000/- till disposal of appeal. (iii) Applicant be released on deposit of fine amount of Rs.2.5 Lakhs.

(iv) The applicant shall deposit remaining Rs.2.5 Lakhs within two months from the date of her release and submit the receipt thereof in this application.

6.

Stand over to 25.02.2025.

(M.W. Chandwani, J.) (Nitin B. Suryawanshi, J.) Gulande