The High Court set aside the Sessions Court order rejecting a bail extension, granting four weeks to the applicant to furnish the required surety without prejudice to the prosecution.
Impugned order of Sessions Court set aside; four weeks granted to furnish surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2500 OF 2010
Parveshkumar Chunavashankar Singh...Applicant
Vs.
State of Maharashtra
...Respondent
Mr.S.J. Shelke i/b. Mr. Rakesh V.Vare for Applicant
Mrs. R.V. Newton -APP for State.
CORAM: V.M. KANADE J. DATED: 1ST JULY, 2010
P.C.
1.This is an application filed by the Applicant for
extension of time to furnish surety as directed by
the Trial Court.
2.In the present case, the Applicant was released
on bail on execution of P.R. Bond in a sum of Rs.
25,000/- with one surety for the said amount.
However, while granting bail, the Trial Court was
pleased to direct the Applicant to furnish the cash
bail of Rs.25,000/- and furnish surety thereafter.
3.According to the Applicant, he was under an
2
impression that he is released on bail on furnishing
cash bail and he need not to furnish the surety as
directed by the Trial Court. Subsequently, when he
came to know this fact, he filed an application in the
Trial Court for extension of time. The said
application, however, is rejected.
4.In my view, taking into consideration the reason
given by the Applicant for not furnishing the surety
as directed by the Trial Court, no prejudice would be
caused to the prosecution if some more time is given
to the Applicant to furnish the surety.
5.Hence, impugned order passed by the Sessions
Court is set aside. Four weeks� time is given to the
Applicant to furnish the surety as directed by the
Trial Court.
6.Application is disposed of.
(V.M. KANADE J.)
1 issue framed by the court
Whether the applicant, having failed to furnish surety as directed, is entitled to an extension of time.
Parveshkumar Chunavashankar Singh
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court