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Bombay High CourtAPL/535/2025allowed

Vivek @ Vicky Janak Paneri v. State Of Maharashtra

2025-05-02Hon'Ble Shri Justice Milind N. Jadhav3 pages

Laxmi Sontakke (P.A.) 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. 535 OF 2025 LAXMI SUBHASH SONTAKKE Vivek @ Vicky Janak Paneri .. Applicant

Versus

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

 Mr. P. K. Sonawane a/w Raj Chourasia, Advocates for Applicant. LAXMI SUBHASH SONTAKKE Date: 2025.05.02 18:02:05 +0530  Mrs. R. V. Newton, APP for the State.

 Mr. Ganesh K. Bhosale, ASI, ACP-D2 Crime Branch Office,Thane City.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : MAY 02, 2025 P.C.

:

1.

Heard Mr. Sonawane, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent.

2.

This Application seeks modification of the order dated 23rd April 2025, inter-alia, with regard to bail conditions which was granted by Trial Court under the directions of the Supreme Court. The order of Supreme Court is appended at Page No.19 and order of Trial Court is appended at Page No.12.

3.

Learned Advocate has drawn my attention to page 13 and submitted that in view of reasons stated in the application and considering the background and condition of the Applicant, he is unable to furnish the Personal Bond and Security Bond of Rs. 50,000/- but he would be in a position to do the same once he is released on

bail and out of prison so that he will be in a position to convince the sureties.

4.

The request made by Applicant in the application deserves consideration considering the fact that it is extremely difficult for an under trial accused to get sureties due to stigmatization attached to his incarceration and in that view of the matter, the request made by learned Advocate appearing on behalf of the Applicant is considered. Application stands allowed in terms of prayer clause (a) which reads thus:

"a) The Hon'ble Court be pleased to issue necessary orders for immediate release of the Applicant Vivek @ Vicky Janak Paneri, i.e. Accused No.8, who is in Kalyan Central Jail under Judicial Custody in Special Case (Mcoca) No. 559 Of 2020 arising out C.R. No. 377 of 2020 registered on Cash Bail and or PR Bond for limited period so as to enable to Applicant to arrange Personal Surety as per the conditions imposed by the Hon'ble Judge, Special Court, Thane. Order dated 23/4/2025 in Spl. Case No. 559/2020."

5.

It is clarified that the Applicant is directed to be released on cash bail of Rs. 50,000/- as requested and he shall file the necessary sureties as directed within a period of eight weeks from the date of his release from prison on bail.

6.

The present order shall be read along with the order dated 23rd April 2025.

7.

The Trial Court shall take cognizance of a server copy of the

present order. Equally, the Jail Authorities shall take cognizance of the server copy of the present order for compliance. 8.

Application is allowed on the above terms.

Laxmi Sontakke [ MILIND N. JADHAV, J. ]