4. cri wp 4781-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4781 OF 2017
Haribhau Balaji Dangare .. Petitioner
Versus
The State of Maharashtra .. Respondent
...................
Appearances
Ms. Rohini M. Dandekar Advocate (appointed) for the Petitioner
Mr. Arfan Sait APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. KARNIK, J.
DATE : DECEMBER 13, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner had applied for death parole on the ground of death of his mother. The said application came to be granted by order dated 25.2.2017, however, he was asked to furnish two sureties. The prayer of the petitioner in the present petition is that he be released on death parole on furnishing one surety.
jfoanz vkacsjdj 1 of 4
::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:16:10 :::
4. cri wp 4781-17.doc
3. It may be stated that against the order dated 25.2.2017 granting death parole leave to the petitioner, the petitioner had preferred Cri. Writ Petition No. 3072 of 2017. Therein he had made a grievance that he was directed to give security deposit of Rs. 10,000/- and in addition, he was asked to furnish surety of a relative in the sum of Rs. 15,000/-. Further, he was asked to furnish a second surety of reputed person like Sarpanch, Corporator, Member of Grampanchayat, Police Patil or a Government Servant. In addition, the main surety has to execute a bond on stamp paper of Rs. 100/-. In Writ Petition No. 3072 of 2017, the petitioner had stated that he is unable to give security deposit of Rs. 10,000/-. It was further stated that it was impossible for him to furnish a second surety of reputed person like Sarpanch, Corporator, Member of Grampanchayat, Police Patil or a Government Servant.
4. Vide order dated 9.10.2017 passed by this Court, Cri. Writ Petition No. 3072 of 2017 came to be disposed of. By jfoanz vkacsjdj 2 of 4 ::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:16:10 :::
4. cri wp 4781-17.doc the said order, this Court reduced the cash surety from Rs. 10,000/- to Rs. 5,000/- and also permitted the petitioner to furnish sureties of family members or relatives or friends and both the surety amounts were reduced from Rs. 15,000/- to Rs. 10,000/-. Thus, this Court granted sufficient relaxation / modification of the order dated 25.2.2017 of the Authority whereby the petitioner was granted death parole leave. Now, it was not possible for us to accede to the request of the petitioner that he be released on death parole leave on furnishing one surety. However, on humanitarian ground, we modify the order dated 9.10.2017 to the following extent:-
The surety amounts which were reduced from Rs. 15,000/- to Rs. 10,000/- by this Court vide order dated 9.10.2017, are further reduced to Rs. 7500/- for each surety.
5. The petitioner is granted eight weeks time from the date of communication of this order to comply with the necessary formalities.
jfoanz vkacsjdj 3 of 4
::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:16:10 :::
4. cri wp 4781-17.doc
6. Rule is made absolute in the above terms.
7. Office to communicate this order to the petitioner who is in Nasik Road Central Prison, Nasik.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
jfoanz vkacsjdj 4 of 4
::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:16:10 :::