Partly allowed

Raju S/O. Rama Naik (C-4913) v. the State of Maharashtra and Anr.

Bombay HC22 Nov 2019WP/1693/2019

Case brief

AI extract

What is this about?

Petitioner challenged strict bail conditions including twice-daily reporting and cash surety. Court quashed frequent reporting requirement, allowing reporting only on Sundays and Thursdays, and modified security to cash bond of Rs. 5,000 and personal bond.

What did the court decide?

Directions for twice-daily reporting quashed; petitioner granted furlough leave subject to reporting on Sundays and Thursdays and providing cash bond of Rs. 5,000.

Raju S/O. Rama Naik (C-4913) Vs the State of Maharashtra and… — Bail and Remand | Bombay HC (2019)

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( 1 ) criwp1693.19

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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946 CRIMINAL WRIT PETITION NO.1693 OF 2019

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RAJU S/O. RAMA NAIK (C-4913) VERSUS

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THE STATE OF MAHARASHTRA AND ANR

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Mr. Rupesh A. Jaiswal, Advocate for the petitioner Mr. M. M. Nerlikar, APP for the respondent/State

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CORAM : T. V. NALAWADE & S. M. GAVHANE, JJ. DATE : 22-11-2019

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ORAL JUDGMENT [PER: T. V. NALAWADE, J.]

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. Rule. Rule made returnable forthwith. With the consent of the parties the matter is heard finally.

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Proceeding is filed for giving direction to respondent No. 2 to see that onerous conditions are not imposed. The order made by the respondent dated 06-09-2019 imposing condition like giving two sureties and cash security of Rs. 5,000/- are challenged. The order shows that he is directed to report two times in a day at morning and evening to the Office-in-charge, Raydurga Police Station, Dist. Ananthpuramu (State of Andhra Pradesh) and report to the Officer Incharge of the same police station of his arrival at the place and thereafter keep reporting everyday.

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Learned counsel for the petitioner produced on record copy of order made by this court in criminal writ petition No. 1471

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( 2 ) criwp1693.19

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of 2019. In that proceeding similar conditions were imposed when the prisoner’s native place was Gujrat. In the present matter native place of the prisoner is Andhra Pradesh. In that matter this court had set aside the order directing the prisoner to attend the nearest police station by observing that if such condition is imposed, prisoner will not be able to make use of furlough leave. Further, the order of giving security and surety was modified. The submissions made and the say given in this matter show that in the past petitioner was released on furlough leave and he surrendered in time. In view of the circumstances, following order is made:

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ORDER

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I. Petition is partly allowed.

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II. Directions given to the petitioner to attend the aforesaid police station is hereby quashed and set aside.

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III. The petitioner is to be released on furlough leave after taking from him cash security of Rs. 5,000/-, bond of surety of Rs. 5,000/- and personal bond of similar nature.

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IV. He is to report police station mentioned in the condition on every Sunday and Thursday between 09.00 am to 12.00 hours.

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( 3 ) criwp1693.19

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V. Other conditions shall remain as they are.

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VI. This order is to be complied within fifteen days from today.

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VII. Rule is made absolute in those terms.

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[ S. M. GAVHANE, J. ] [ T. V. NALAWADE, J.]

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VishalK/criwp1693.19

Raju S/O. Rama Naik (C-4913) v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Raju S/O. Rama Naik (C-4913) v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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