The applicant sought a further extension to furnish surety as per bail conditions. The High Court granted an 8-week extension as a last indulgence, clarifying that no further extension will be granted.
Time to furnish surety extended by 8 weeks as a last chance indulgence; no further extension to be granted.
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.
25-IA-1377-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1377 OF 2021 IN INTERIM APPLICATION NO.814 OF 2021 IN INTERIM APPLICATION NO.40 OF 2021 IN INTERIM APPLICATION NO.906 OF 2019 IN CRIMINAL APPEAL NO. 1052 OF 2019
Shantiprasad Veniprasad Yadav ...Applicant/Appellant Versus The State of Maharashtra ...Respondent
WITH CRIMINAL APPEAL NO. 1029 OF 2019
Narayan Mangal Karan @ Nepali ...Appellant Versus The State of Maharashtra ...Respondent
Mr. Prashant Gurav for the Applicant/Appellant in Appeal/1052/2019 None for the Appellant in Appeal/1029/2019
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent–State
CORAM : REVATI MOHITE DERE, J. (THROUGH VIDEO-CONFERENCING) WEDNESDAY, 16th JUNE 2021
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25-IA-1377-2021.doc
P.C. :
1 Mr. Prashant Gurav, learned counsel for the applicant in Interim Application No. 1377/2021, at the outset, does not press the alternative prayer and only presses for the following prayers :
2 Learned counsel for the applicant submits that the applicant is unable to find a competent surety for himself, as he is a native of Uttar Pradesh and having regard to the present pandemic, his acquaintances in his native States are not willing to visit Mumbai.
3 Perused the papers. This Court (Coram : Prakash D. Naik, J.) vide order dated 25th September 2020, suspended the applicant’s sentence and he was enlarged on certain conditions. As per clause (ii) of the said order, the sentence of imprisonment awarded to the applicant was suspended during the pendency of his appeal and he was directed to be released on bail on executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount. As per clause (v) of the said order, the
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25-IA-1377-2021.doc
applicant was directed to be released on provisional cash bail of Rs.25,000/and he was directed to furnish surety within 8 weeks from the date of his release.
4 As the applicant could not comply with clause (v) i.e. he could not furnish surety within 8 weeks, the applicant sought extension of time to furnish surety and to extend the facility of cash bail. Accordingly, this Court, vide order dated 7th January 2021 (Coram : Prakash D. Naik, J.) extended the facility of cash bail for a period of 8 weeks in order to enable the applicant to comply with the direction of furnishing surety.
5 As the applicant was unable to furnish surety within the said extended period, the applicant filed another application for further extension for furnishing surety. Accordingly, this Court (Coram : Revati Mohite Dere, J.) vide order dated 5th March 2021, extended the facility of cash bail by a period of 8 weeks, so as to enable the applicant to furnish surety as directed by this Court vide order dated 25th September 2020.
6 This is the third extension sought by the applicant. Having regard to the reasons set out by the applicant, only by way of last chance and indulgence, time is extended by a period of 8 weeks from today, to
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25-IA-1377-2021.doc
furnish surety as directed by this Court vide order dated 25th September 2020. It is made clear that no further extension would be granted.
REVATI MOHITE DERE, J.
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1 issue framed by the court
Whether the time to furnish surety should be extended further despite prior indentures?
Shantiprasad Veniprasad Yadav
State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
