Bombay High Court
Haribhau Balaji Dangare vs The State Of Maharashtra on 13 December, 2017
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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.
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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
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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.
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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 ]
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