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Bombay High CourtAPPLN/275/2024disposed off

Maketo Jon Zakiya Desmand Julious Iken v. The State Of Maharashtra

2025-06-30Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 275 OF 2024 Maketo Jon Zakiya Desmand Julious Iken ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Dhananjay K. Bhosale (Appointed through Legal-aid), learned Advocate for the Applicant.

Mr. Amit A. Palkar, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

30th JUNE 2025.

P.C. :

1.

Heard Mr. Dhananjay Bhosale, learned Advocate for the Applicant and Mr. Amit Palkar, learned A.P.P. for the State/Respondent.

2.

By the present Application, the Applicant had sought for the following order :- i) That the condition laid down in order dated 16th June 2022 for furnishing P.B. and S.B. of Rs. 50,000/- only with one solvent surety in the like amount in the aforesaid crime be modified and this Hon'ble Court may pass an order granting the Applicant/Accused to furnish P.B. and S.B. of Rs. 10,000/- only.

3.

This matter was listed on 9th June 2025. On that day, none

appeared on behalf of the Applicant, as such the same was adjourned to 11th June 2025. Again none appeared on behalf of the Applicant on the 11th June 2025.

4.

In view of absence of the Applicant, Mr. Dhananjay Bhosale, learned Advocate from the Legal-aid Panel, was requested to appear on behalf of the Applicant, considering the nature of request made in the Application.

5.

The matter was taken up on 16th June 2025, on which date copies were directed to furnish to the learned Advocate appointed through Legal-aid for the Applicant.

6.

Today when the matter is called out, Mr. Dhananjay Bhosale, learned Advocate appointed through Legal-aid for the Applicant tenders e-mail dated 26th June 2025 and copy of the letter dated 30th June 2025 received from Kolhapur Central Jail informing Mr. Dhananjay Bhosale, learned Advocate that the Applicant was released from the prison, received by him from the Bombay High Court Legal Services Committee. The same are taken on record and marked as "X Colly." for identification.

7.

Present Application was filed as the Applicant was in custody and could not comply with the bail condition of furnishing P.B. and S.B. of Rs. 50,000/-, as evident from Paragraph No. 3 of the Application.

8.

In view of the above fact that the Applicant is said to have been released from the prison, nothing survives in the present Application. Applicant upon being released from the prison, has

failed to pursue the present Application.

9.

Criminal Application No. 275 of 2024 is therefore disposed of.

10.

The Legal-aid Cell of this Court is directed to pay the fees of Mr. Dhananjay Bhosale, learned Advocate in terms of the Legal-aid Scheme.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.06.30 20:00:21 +0530