Disposed

Shantaram Babu Ganave v. Manda Gajanan Shedge and Anr.

Bombay HC20 Oct 2005APPLN/6048/2005

Case brief

AI extract

What is this about?

The applicant, an elderly surety for a respondent in an appeal for life imprisonment, sought discharge on account of advancing age. The court permitted substitution of the applicant with another surety, directed the respondents to file an application before the Sessions Court to accept the substitute and discharge the applicant. The matter was disposed on these directions.

What did the court decide?

The applicant was directed to be discharged upon substitution of Smt. Shantidevi Baban Sonar as surety, subject to acceptance by the Sessions Court.

Shantaram Babu Ganave Vs Manda Gajanan Shedge and Anr. — Bail and Remand | Bombay HC (2005)

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IN	THE	HIGH	COURT	OF JUDICATURE AT BO	MBAY
	APPELL	ATE	SIDE	CRIMINAL JURISDI	CTION
	CRIMINA CR	L IMINAL	APPLICATION IN APPEAL	NO.6048 OF NO.843 OF	2005 2001
Shantaram B	abu Ganave			.. Applicant
	v/s.
Manda Gaja	nan Shedge	& anr.		.. Respondents
Mr.K.B.Dha	ygude		for	the ap	plicant.
Mr.P.M.Cha	lke	for	the	respondent	No.1.
		CO	RAM :	SMT.RANJANA DESAI	AND
			ANO	OP V. MOHTA,	JJ.
		DA	TED :	20th October,	2005.
P.C.
Resp	ondent	No.1	has	been convicted by	the
Sessions	Court	at	Mumbai in	Sessions case No.547	of
2000	for	the	offence puni	shable under section	302
read	with	section	34 I.P.C.	She was sentenced	to
suffer	R.I.	for	life.	On 5th November, 2001,	her
appeal	was	admitte	d by thi	s court and she	was
directed	to	be	released on	bail in the sum	of
Rs.25,000/-	with	one	or two	sureties to make up	the

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amount, pending the hearing and final disposal of the appeal.

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2.	It	appears	that		the	presen	t	applic	ant has	stood
surety	for		respondent		No.1	in		the	sum	of
Rs.15,000/-.		By	way		of		this		application,	the
applicant	has		prayed		that	he	may		be	discharged
because	of	his	old ag	e.		The	ap	plicant	is	present

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in the court. Respondent No.1 is also present in

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the court.

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-2-

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3.	Considering the fact	that the applicant	is not
keeping	good health and is	old, we feel that	he
should	be discharged if	some other suret	y is
substituted	in his place.	In his place,	respondent
No.1	will have to furnish	some other surety.	The
learned	counsel for respon	dent No.1 states	that
Smt.Shantidevi	Baban Sonar	has agreed to	stand
surety	in the sum of	Rs.15,000/- for	respondent
No.1	in place of	the present	applicant.
Smt.Shantidevi	Baban Sonar is	present in court.	If
that is	so, then respondent	No.1 may make	necessary
application	to the Sessions	Court. The	Sessions
Court	would then pass	an appropriate order	thereon
accepting	Smt.Shantidevi Baban	Sonar as surety	in

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place of the present applicant, if found proper. Hence the following order:-

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(i) Respondent No.1 shall make an application to the Registrar of the Sessions Court at Mumbai praying that the applicant-Shantaram Babu Ganave be discharged as surety and in his place, Smt.Shantidevi Baban Sonar be accepted as surety in the sum of Rs.15,000/-.

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(ii) The Registrar of the Sessions Court, Mumbai may then after making necessary enquiry and if found that

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Smt.Shantidevi	Baban		Sonar	is
solvent and	proper		surety,	discharge
the applicant	and	in	his	place

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substitute Smt.Shantidevi Baban

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Sonar as surety.

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Application disposed of accordingly.

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(SMT.RANJANA DESAI, J.)

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(ANOOP V. MOHTA, J.)

Shantaram Babu Ganave v. Manda Gajanan Shedge and Anr.

Case brief

What is this about?

What did the court decide?

Shantaram Babu Ganave v. Manda Gajanan Shedge and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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