Court confirmed conviction for forfeiture of surety bond under CrPC Section 446 but reduced sentence to time already undergone, noting petitioner's age and the delayed nature of the trial.
Sentence reduced to period of 3 months already undergone; earlier 6-month sentence modified accordingly.
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.
Sherla V.
wp.1002.2002_208.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1002 OF 2002
Shri Vilas Shridhar Bhabhal … Petitioner
Vs.
The State of Maharashtra & anr. … Respondents
Mr.Viral K. Rathod for the Petitioner
Mr.Vinod Chate, APP, for the Respondent – State
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: JANUARY 10, 2019
ORAL JUDGMENT:
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wp.1002.2002_208.doc
who was released on cash bail of Rs.75,000/-. Some dummy person filed application for withdrawal of the cash amount of bail of Rs.75,000/- and the present petitioner/accused appeared before the Court as surety in lieu of bail amount of Rs.75,000/- before the learned Metropolitan Magistrate as the petitioner/accused offered himself surety for the accused Mohammad Altaf Mohammad Razzaq Carwala, the dummy person who represented as Mohammad Altaf Mohammad Razzaq Carwala, was allowed to withdraw the cash bail amount of Rs.75,000/-. Subsequently, Mohammad Altaf Mohammad Razzaq Carwala himself appeared before the Court and informed that he never filed any application for withdrawal of the amount of Rs.75,000/- and he has not received any amount. Thus, it was found that somebody had impersonated him as Mohammad Altaf Mohammad Razzaq Carwala and has taken away of the cash bail amount, by playing fraud on the Court. Therefore, notice was issued to the petitioner/accused who had offered himself as surety for Mohammad Altaf Mohammad Razzaq Carwala i.e., the one who personified as Mohammad Altaf Mohammad Razzaq Carwala and has identified him as Mohammad Altaf Mohammad Razzaq Carwala. On service of notice, petitioner appeared before the
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Court and expressed his inability to pay Rs.75,000/- as he was working as a watchman and having a meagre income. On house search, nothing was found which can be valued upto Rs.75,000/except some utensils and apparels. Hence, the petitioner was prosecuted before the Court under section 446 of the Criminal Procedure Code and after enquiry conducted for forfeiture of bond, the petitioner was convicted and given maximum punishment of 6 months under section 446(2) of Criminal Procedure Code. Being aggrieved, he filed an appeal. However, it was dismissed and hence, this Writ Petition.
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wp.1002.2002_208.doc
old. He has undergone 3 months imprisonment out of 6 months of sentence awarded by the learned Magistrate.
i) The conviction under section 446 of Criminal Procedure Code is confirmed, however, the period of sentence is reduced to the period already undergone by him i.e., three months.
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wp.1002.2002_208.doc
ii) The sentence of 6 months is accordingly modified to
the period of sentence undergone by the petitioner.
(MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether the petition for relief under Section 446 of CrPC due to inability to pay surety amount is maintainable and merited considering age and service already rendered.
1 provisions across 1 enactments
Vilas Shridhar Bhabhal
State of Maharashtra
Mridula Bhatar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
