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Bombay High CourtAPPLN/53/2025allowed

Mamta Yata v. The State Of Maharashtra

2025-02-07Hon'Ble Shri Justice Milind N. Jadhav2 pages

917 & 918 5-2025 & 53-2025.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5 OF 2025 Rinadevi Rajkishor Gupta @ Rinadevi Rajkishor Sahu .. Applicant

Versus

State of Maharashtra .. Respondent WITH CRIMINAL APPLICATION NO. 53 OF 2025 Mamta Yata .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Siddharth Varma for Applicants  Ms. Mahalakshmi Ganapathy, APP for Respondent-State ...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 07, 2025 P. C.

:

1.

Heard Mr. Varma, learned Advocate for Applicants & Ms. Ganapathy, learned APP for State.

2.

Present order shall dispose of both the Criminal Applications. They are filed by two women who have been enlarged on bail by the learned Trial Court by order dated 21.06.2024 & 26.07.2024 respectively. Condition No. (ii) in both the orders require they have to furnish one or more sureties in the sum of Rs. 30,000/- & Rs. 50,000/- respectively. Both the Applicants have filed the present Applications seeking extension of time to furnish the sureties.

917 & 918 5-2025 & 53-2025.docx 3.

Grounds are stated in paragraph No. 3 onwards in both the Applications. I have perused the same. The entire ethos and essence of granting bail would be defeated if the Applications are not considered. Learned Trial Court has granted bail on certain conditions which are expressed in the aforesaid twin orders. Though the Applicants have moved the learned Trial Court seeking extension of time, said Applications having been dismissed on the ground that they were filed in very casual and irresponsible manner lacking justification and sufficient reason for delay. Be that as it may, the reason stated in paragraph No 3 is the real reason which affects parties who are enable to procure sureties while they are in incarceration, I am inclined to allow the present Applications. Hence, both the Applications are allowed with the following directions:- 3.1.

The time stated in the twin orders dated 21.06.2024 and 26.07.2024 shall stand extended for a further period of four weeks from today to enable both the Applicants to furnish one or more sureties as per condition No. (ii) in the aforesaid two orders. 4.

Both the Applications are allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.02.07 19:30:24 +0530 RAVINDRA MOHAN AMBERKAR