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Bombay High CourtIA/893/2023allowed

Shashikant Narayan Abhange v. State Of Maharashtra

2023-03-30Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.893 OF 2023.

IN CRIMINAL APPEAL NO.630 OF 2021.

Shashikant Narayan Abhange.

.. Applicant/Org. Appellant.

Versus

State of Maharashtra ..Respondent.

------------ Mr. Rahul Pawar and Mr. Jayant Sathghar i/by M/s. Netra Associates for Applicant/Org. Appellant.

Ms. Sharmila Kaushik, APP for the Respondent-State. ------------ CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : MARCH 30, 2023.

P.C :

1.

By this application, the applicant seeks modification in the order dated 30th June 2022, in particular in condition No.(i) of paragraph 6 of the said order. The said condition reads thus :

"(i) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;"

2.

Learned counsel appearing for the applicant submits that despite the applicant having been enlarged on bail vide the order dated 30th June by SACHIN RAMCHANDRA PATIL Date:

2023.04.03 17:14:43 +0530 1 of SACHIN RAMCHANDRA PATIL

2022, the applicant is unable to furnish sureties in the sum of Rs.15,000/-, till date, and as such the applicant continues to be in custody. He submits that once the applicant is released on bail, he will comply with the order dated 30th June 2022 and furnish one or two sureties, as directed by this Court vide the said order.

3.

Despite having been granted bail on 30th June 2022, the applicant continues to be incarcerated as he is unable to furnish sureties as directed by the said order. Hence, application is allowed. Accordingly, we modify clause (i) of the order dated 30th June 2022. The applicant shall be released on furnishing PR bond as well as cash bail of Rs.15,000/- for the period of six months. During the said period of six months, the applicant shall furnish one or two sureties, as directed by condition (i) of the order dated 30th June 2022. Rest of the conditions of the order dated 30th June 2022 to remain the same.

4.

The application is allowed in the aforesaid terms. 5.

All concerned to act on the authenticated copy of this order. [SHARMILA U. DESHMUKH, J.] [REVATI MOHITE DERE, J.] 2 of

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