Bombay High Court
Mahesh S/O Vasant Chilwante ... vs The State Of Maharashtra on 9 August, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
7-appln-1178-2021.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
7 CRIMINAL APPLICATION NO.1178 OF 2021
IN APEAL/452/2016
MAHESH S/O VASANT CHILWANTE (C-8916)
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Jaiswal Rupesh A
APP for Respondents : Mr. S.G. Sangle
...
CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, J.J.
DATED : 09th AUGUST, 2021
PER COURT:-
1. We have considered the submissions of the learned counsel
for the applicant and the learned APP.
2. We have perused our judgment dated 25.02.2021 delivered
in Criminal Appeal No.452 of 2016.
3. In paragraph 41 of the judgment, we have recorded as
under:
"41. The learned prosecutor submits that the State would
prefer an appeal for challenging this judgment before the
Honourable Apex Court. In view of the said statement, while
releasing the appellant/ accused from jail, he shall be
subjected to the compliance of Section 437-A of the Code
of Criminal Procedure, 1973 by furnishing a P.R. Bond in
the sum of Rs.15,000/- (Rupees Fifteen Thousand) and a
surety of the like amount keeping in view the statement of
the learned advocate that the appellant is in abject poverty
7-appln-1178-2021.odt
and though he was granted bail by this Court, he could not
furnish the sureties."
4. The learned advocate for the applicant submits that taking
into account Section 445 of the Code of Criminal Procedure, 1973, the
applicant can be granted time of 60 days to tender the surety. In so far as
furnishing a P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen
Thousand) is concerned, there is no problem.
5. We fnd that though this Court has acquitted the appellant,
and since the State desired to challenge the judgment before the Hon'ble
Apex Court, we had directed the compliance of Section 437-A of the Code
of Criminal Procedure, 1973. As the applicant could not furnish a surety,
though he is able to furnish a P.R. Bond, in the sum of Rs.15,000/-
(Rupees Fifteen Thousand), he is still behind bars.
6. This application is therefore allowed. As the applicant is
willing to furnish a P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen
Thousand), the same may be received by the competent authority and the
applicant be released from jail in view of his acquittal, subject to the
condition, which is recorded on his own submission, that he would furnish
a surety in the amount of Rs.15,000/- on or before 08.10.2021, failing
which he agrees to surrender to the jail authorities.
7. While tendering the P.R. Bond in the sum of Rs.15,000/-,
before his release from jail, he would also submit a copy of the identity
card (Aadhar Card) of two closest relatives along with their recent
address proof and telephone numbers as well as his own cell number, if
7-appln-1178-2021.odt
he acquires one after being released from jail. He would also state the
address where he would normally reside in this period of 60 days.
(S.G. MEHARE. J) (RAVINDRA V. GHUGE, J)
Mujaheed//
