Akhil Yasin Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4338 OF 2024 IN CRIMINAL APPEAL NO. 541 OF 2024 Akhil Yasin Shiakh ... Applicant

Versus

The State of Maharashtra ... Respondent Mr. Hrishikesh Chavan, Appointed Advocate, for the Applicant. Mrs. P. P. Shinde, APP for the Respondent - State. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 24th OCTOBER, 2024.

P. C. :

By this interim application, sent through jail, the applicant seeks modification of clause No. (i) of para 9 of the order dated 11th July, 2024. The condition of which modification is sought 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;" Rekha Patil 1/3 REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2024.10.25 10:52:47 +0530

Learned Counsel for the applicant states that despite bail having been granted to the applicant on 11th July, 2024, the applicant continues to languish in jail. He submits that the applicant is unable to furnish surety as directed and as such, he prays that the applicant be released on P.R. bond in the sum of Rs. 10,000/- pending the hearing and final disposal of his Appeal. We are not inclined to modify the condition directing the applicant to enlarge on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one two sureties completely. However, since despite granting bail, the applicant continuous to languish in jail, the said condition can be modified to the extent that, the applicant on furnishing P.R.Bond of Rs.10,000/- be released from jail for a period of eight weeks, within which, the applicant to furnish one or two sureties as directed vide order dated 11th July, 2024. Learned Counsel appearing for the applicant to communicate and explain the said order to the applicant, who is lodged in jail. Accordingly, Clause (i) of the order dated 11th July, 2024 Rekha Patil 2/3

stands modified as under;

(i) The applicant be released on bail on furnishing PR bond of Rs. 10,000/- for a period of eight weeks. Within the said period, the applicant to furnish one or two sureties of the said amount."

Since the applicant is being released on P.R. bond, he shall attend the concerned police station on every Monday between 9:00 am and 12:00 noon, for the said period of eight weeks. The application is allowed and stands disposed of. All parties to act on the authenticated copy of this order. PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

Rekha Patil 3/3