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Bombay High CourtIA/3789/2024allowed

Mallappa Baswant Bansode v. State Of Maharashtra

2024-10-17Hon'Ble Justice Revati Mohite Dere , Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2024.10.18 16:55:43 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3789 OF 2024 (For Modification) IN INTERIM APPLICATION NO. 612 OF 2024 IN CRIMINAL APPEAL NO. 252 OF 2024 Mallappa Baswant Bansode ... Applicant

Versus

The State of Maharashtra ... Respondent Mr. Abhijeet P. Rane a/w Ms. Swarta Suryawanshi for the Applicant Mrs. P. P. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

THURSDAY, 17 th OCTOBER 2024 P.C :

By this interim application, the applicant seeks modification of clause (i) of para 7 of the order dated 22nd April 2024, by which, the applicant's sentence was suspended and he was enlarged on bail, pending the hearing and final disposal of his aforesaid appeal. Clause (i) of para 7 reads thus : 1/3

"(i) The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.10,000/- with one or two sureties in the like amount."

Learned counsel for the applicant states that the applicant has filed this appeal as well as application through jail, as he has no family member who will furnish surety. It appears that the applicant, despite his sentence being suspended and he being enlarged on bail vide order dated 22nd April 2024, till date, has not been able to furnish surety as directed by the aforesaid order.

Hence, for the reasons set out in the application, the application is allowed and the said condition as stated aforesaid is modified. Clause (i) shall now read as under : "(i) The applicant be released on cash surety in the sum of Rs.10,000/-."

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Rest of the conditions set-out in the order dated 22nd April 2024, to remain as it is.

Application is disposed of on the aforesaid terms. All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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