Deepak Raj Suresh Singh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 456 OF 2024 Deepak Raj Suresh Singh .... Applicant

Versus

The State of Maharashtra .... Respondents ----- Ms. Shamal Gaokar i/b Neetu Singh, for the Applicant. Mr. C. D. Mali, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.11.28 15:41:56 +0530 SHANTANU SHANKARSA DHUDUM DATE : 25th NOVEMBER, 2024.

P.C. :

1.

By this application, Applicant is praying for reduction of the bail amount.

2.

It is contention of learned counsel for the Applicant that FIR is registered against the Applicant for the offences punishable under Sections 363, 376, 376(2)(n) of the Indian Penal Code, (for short "IPC") and Sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012.

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3.

Applicant has been released on bail by the learned Special Court directing him to execute P. R. Bond of Rs.30,000/- with one or two solvent sureties in like amount. As, the Applicant is poor person hence, last six months he could not furnish the bail amount as directed by the Special Court.

3.1.

Learned counsel further submitted that the Applicant had made the Application before the learned Special Court for release him on cash bail but it is rejected. Hence, requested to reduce the amount of bail and release him on cash bail.

3.2.

Learned counsel further submitted that Applicant will furnish the surety as directed by this Court after release from the jail. He is the only earning member of his family. Hence, requested to allow the application.

4.

Learned APP strongly objected to allow the application on the ground that the offences registered against the Applicant are serious one, if he released on cash bail, he may abscond and may not available for the trial. Hence, requested to reject the application. 5.

I have heard both learned counsel. Applicant has been released on bail by the learned Special Court. He is unable to give the surety as directed by the learned Special Court. Due to his poor Shantanu Dhudum 2/3

financial condition and no one in his family to arrange for surety. The Applicant is the only Karta of his family. 6.

In view of above, I pass following order:

ORDER

i. Application is allowed.

ii. Applicant be released on cash bail of Rs.10,000/-. iii. Applicant shall furnish the P. R. Bond of Rs.15,000/- along with one or two sureties in like amount within six months after release from the jail.

7.

In view of above, the application is allowed and disposed of.

( SHIVKUMAR DIGE, J.) Shantanu Dhudum 3/3