Single judge allowed criminal application to recall specific order. Applicant No.1 released on bail in Sessions Court while others' original bonds recalled due to production on warrant.
Applicant No.1 released on bail; surety notices and warrant against them withdrawn; bonds of applicants No.2 and 3 recalled.
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[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL APPLICATION NO.3257 OF 2004
IN
CRIMINAL APPEAL NO.40 OF 1993
Arjun Dattaram Bhekare & others .... Applicants
Vs.
State of Maharashtra .... Respondent
Shri Prakash Naik for the Applicants.
Ms P.H. Kantharia, A.P.P., for the
Respondent-State.
CORAM: R.M.S. KHANDEPARKAR &
R.S. MOHITE, JJ.
DATED: AUGUST 3, 2004
P.C:
Heard the learned Advocates for the parties.
Considering the facts disclosed in the
application, the same is allowed to the extent of recall
of the order dated 20-7-2004 in relation to the
applicant Nos.2 and 3 and the notices to the sureties
for all the applicants. As far as the applicant No.1 is
concerned, he being produced on being arrested pursuant
to the issuance of warrant, his earlier bail bond stands
cancelled and on request of the learned Advocate for the
applicants, the applicant No.1 is ordered to be released
on bail, to be executed by the applicant No.1 in the
Sessions Court at Ratnagiri in the sum of Rupees Twenty
[2]
Thousand with one surety or two sureties for the like
amount to the satisfaction of the learned Sessions
Judge, Ratnagiri. As regards the notices issued to the
surety for the applicant No.1 along with the other
sureties for the other applicants also stand withdrawn,
along with the order for issuance of warrant against
them. The applicants to appear on all days of hearing
in the matter to be fixed henceforth in Criminal Appeal
No.40 of 1993.
At the request of the learned Advocate for the
applicants, S.O. to 5-8-2004.
Criminal application accordingly stands disposed
of.
(R.M.S. KHANDEPARKAR, J.)
(R.S. MOHITE, J.)
1 issue framed by the court
Whether prior bail bonds of applicants produced on arrest can be cancelled and fresh bond sanctioned for their release.
State of Maharashtra
R.M.S. KHANDEPARKAR
R.S. MOHITE
As recorded by the court registry
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