Vinayak Ganpat Kanade v. The State Of Maharashtra

1 APPLN 738-17.doc-4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.738 OF 2017 Vinayak Ganpat Kanade.

] ... Applicant

Versus

The State of Maharashtra ] ... Respondent Mr. Prajit S. Manjrekar i/b Mr. Kapil Dave for Applicant. Ms. R. M. Gadhavi, APP for State.

Mr. Salunkhe, PSI attached to Shivaji Park Police Station, present. CORAM :- SARANG V. KOTWAL, J.

DATE :- 26 DECEMBER, 2017 (TUESDAY) (VACATION COURT) P. C. :- 1.

Not on board. Upon production, taken on board. 2.

The applicant was granted bail by the Additional Sessions Judge, Greater Mumbai, in connection with C.R.No.334 of 2006 registered with Shivaji Park Police Station, Mumbai. The applicant was released on bail in the sum of Rs.1 Lakh with one or more sureties in the like amount on the condition to attend Shivaji Park Police Station on every Tuesday of each month from 8.30 a.m. to 10.30 a.m. till further orders of the Trial Court. There were other conditions

2 APPLN 738-17.doc-4 imposed as well. On the request of the Counsel for the applicant, provisional cash bail of Rs.1 Lakh was allowed for a period of two months. The order was passed on 21/08/2017 and the period of two months has since lapsed. The applicant has preferred Criminal Miscellaneous Application No.1845 of 2017 in Bail Application No.1208 of 2017 before the Sessions Court, Greater Mumbai, for extension of the period for furnishing the surety. However, the said application was also rejected as the period for furnishing the surety had already lapsed.

3.

The present application is preferred by the applicant for extension of the period to furnish the surety. 4.

Heard Mr. Prajit S. Manjrekar, learned Counsel for the Applicant and Ms. R. M. Gadhavi, learned APP for State. 5.

Today, the learned Counsel for the applicant makes a statement that the applicant has been successful in getting a surety and that he will furnish the said surety before the Trial Court i.e. Metropolitan Magistrate, 5th Court, Bhoiwada, Dadar, Mumbai, by tomorrow i.e. 27/12/2017. In view of this statement, the period to furnish surety is accordingly extended. The applicant shall furnish the surety before the Trial Court on 27/12/2017. On such furnishing the surety, the relief granted to him which was in existence, would be extended for a period of 10 days from today. At the end of the 10 days period as mentioned in this order, if the applicant is unable to furnish the proper surety to the satisfaction of the Trial Court, the

3 APPLN 738-17.doc-4 applicant shall surrender before the Investigating Officer on the 11th day.

6.

Criminal Application is accordingly disposed of. 7.

Parties to act on a copy duly authenticated by the Court Sheristedar.

(SARANG V. KOTWAL, J.)