Criminal Application by a bail-surety seeking discharge due to inability to ply his autorickshaw, which was mortgaged as security. The court discharged the surety, required new surety, and directed verification within a week.
Discharge of surety Sunil Kumar Singh and direction to furnish new surety on 16th August 2014.
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.
910.APPA732_2014.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 732 OF 2014 IN
CRIMINAL APPEAL NO. 652 OF 2003 WITH CRIMINAL APPEAL NO. 652 OF 2003
Sunil Kumar Singh … Applicant In the matter of Sanjaysingh Jagdishsingh Thakur … Appellant vs. The State of Maharashtra & Anr. … Respondents
Mr. Manoj Vishwa Karma i/b. MKV Juris, Advocate for the applicant. Mrs. A.A. Mane, APP for the State. Mr. A.K. Singh, Advocate for the original accused nos. 1 to 3.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 14th August, 2014.
P.C.
This Application is moved by the applicant, who is a surety of the appellant Sanjaysingh Jagdishsingh Thakur. The appellant is convicted in Sessions Case No. 1126 of 1996 for the offences punishable under section 304 (Part II) r/w. 34 of the Indian Penal Code and sentenced to suffer R.I. for 4 years and to pay fine of Rs.500/-, i/d. to suffer further R.I. for 20 days. He is also held guilty under section 324 r/w. 34 of the Indian Penal Code and is sentenced to suffer R.I. for 1 year and to pay fine of Rs.200/i/d. to suffer further S.I. for 8 days by the judgment and order dated 3rd May, 2003. Appeal No. 652/2003 is preferred against the said order in
1 of 4
910.APPA732_2014.doc
which his bail application was allowed by the order dated 23rd December, 2004 in Criminal Application No. 5357 of 2004 and was granted bail in a sum of Rs.5,000/- with one or two sureties in the like amount.
2 of 4
910.APPA732_2014.doc
(ii) Appellant/convict is directed to furnish new surety on 16th August, 2014 in the Sessions Court and Registrar, Sessions Court is directed to accept the papers which will be presented.
(iii)The Investigating officer or the police of the concerned police station are directed to verify the surety receipts till 20th August, 2014. Till then, the applicant/convict is directed to furnish cash surety of Rs.5,000/-.
Registrar (Judicial), High Court in Appeal No. 652 of 2003.
3 of 4
910.APPA732_2014.doc
(MRS.MRIDULA BHATKAR, J.)
4 of 4
2 issues framed by the court
Whether an applicant-bail-surety can be discharged and replace when his livelihood depends on the asset pledged as surety.
Whether a convicted appellant on appeal can be released on alternate bail conditions when original surety is discharged.
Sunil Kumar Singh
Sanjaysingh Jagdishsingh Thakur
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
