Shivram Narayan Salvi v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2383 OF 2024 IN BAIL APPLICATION NO. 280 OF 2024 Shivram Narayan Salvi & Anr.

.Applicants

Versus

The State of Maharashtra & Anr.

.Respondents Mr. Kunal D. Nawale, Advocate, for the Applicants Ms. S. M. Yadav, APP, for Respondent No.1 - State Mr. P. T. Bhandari, H.C., Guhagar Police Station present

CORAM:

MADHAV J. JAMDAR, J.

DATE:

24.06.2024 P. C.

1.

Heard Mr. Nawale, learned Counsel for the Applicant and Ms. Yadav, learned APP for the Respondent - State. 2.

This Court by Order dated 31.01.2024 had released the Applicant on bail. The relevant clause of the aforesaid order for the present Interim Application is Clause (a), which is as follows :- "(a) The Applicant-Shivaram Narayan Salavi be released on bail in connection with C. R. No. 2 of 2015 registered with the Guhagar Police Station, TalukaGuhagar, District-Ratnagiri on his furnishing P. R. Bond of Rs. 25,000/- with one or two solvent sureties in the like amount."

3.

In this case, the F.I.R. was lodged on 08.01.2015 for offences punishable under Sections 354, 376, 506, and 420 of the Indian Penal Code, 1860. The Applicant was arrested on 08.01.2015. Thereafter, the Charge-sheet was filed on 29.03.2015. The Applicant was released on bail by Order dated 17.06.2015 passed by the Page No.1

learned Additional Sessions Judge, Khed. However, an arrest warrant was issued against the Applicant and he was taken into custody on 05.09.2022, as the Applicant was not attending the Trial Court regularly.

4.

In this background of the matter, by a reasoned order, particularly in the light of the directions issued by the Supreme Court by Order dated 24.01.2024 passed in Criminal Appeal No.383 of 2024 by which it has been held that merely because the Applicant could not appear personally, it could not have been a ground for cancellation of bail as the parameters for grant of bail and cancellation of bail are totally different.

5.

Mr. Nawale, learned Counsel for the Applicant submitted that Clause (a) of the Order dated 31.01.2024 may be modified and instead of Rs.25,000/- the Applicant may be released on bail on his furnishing P.R. Bond of Rs.10,000/- with one or two solvent sureties. 6.

Accordingly, Clause (a) of the Order dated 31.01.2024 granting bail to the Applicant passed in B.A. No.280 of 2024 is modified as follows:

"(a) The Applicant - Shivram Narayan Salvi be released on bail in connection with C.R. No.2 of 2015 registered with the Guhagar Police Station, Taluka - Guhagar, District - Ratnagiri on his furnishing P.R. Bond of Rs. 10,000/- with one or two solvent sureties in the like amount."

7.

It is clarified that the rest of the conditions as imposed by order dated 31.01.2024 shall remain the same.

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8.

Accordingly, the Interim Application stands disposed of. [MADHAV J. JAMDAR, J.] Page No.3