Hon'ble J.M.S. Karnik allowed interim applications seeking provisional cash bail of Rs. 1 lakh for 8 weeks in lieu of personal sureties, considering the applicant's liberty and inability to find guarantors despite bail orders passed earlier.
Provisional cash bail of Rs. 1,00,000 for 8 weeks permitted in lieu of personal sureties.
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.
2024:BHC-AS:16232
Darshan Patil 909-IA-1372-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1372 OF 2024 IN
BAIL APPLICATION NO. 2521 OF 2023
GOKULNATH RAGHU SHETTY .. APPLICANT VS. CENTRAL BUREAU OF INVESTIGATION AND ANR. ..RESPONDENTS
WITH INTERIM APPLICATION NO. 1373 OF 2024 IN
BAIL APPLICATION NO. 2489 OF 2023
GOKULNATH RAGHU SHETTY .. APPLICANT VS. STATE OF MAHARASHTRA ..RESPONDENT
Adv. Sandeep Karnik for the applicant. Adv. Kuldeep S. Patil for CBI. Ms. Megha S. Bajoria, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : APRIL 5, 2024
P.C. :
cash bail for a period of 8 weeks. By orders dated 15/02/2024, this Court enlarged the applicant on bail in Bail Application Nos. 2521 of 2023 and 2489 of 2023 on furnishing P.R. bond in the sum of Rs.1,00,000/- with one or
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Darshan Patil 909-IA-1372-24.doc
more local sureties in the like amount. In paragraph Nos. 4
to 9 of both the Interim Applications, it is submitted thus:
“4. The Applicant states that his wife who is trying to get the surety is unable to find a suitable person who could stand as a surety for him and accordingly the Applicant is not been able to furnish bail bond to the satisfaction of the order passed by this Hon'ble Court.
respondent-CBI vehemently opposed the applications. It is
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Darshan Patil 909-IA-1372-24.doc
submitted that having regard to the gravity of the offence, the facility of cash bail may not be granted.
(M. S. KARNIK, J.)
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Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 05/04/2024 15:06:50
2 issues framed by the court
Whether provisional cash bail should be granted in lieu of personal sureties for a period of 8 weeks.
Whether the applicant's inability to find guarantors due to procedural hurdles justifies relaxation of bail conditions.
Gokulnath Raghu Shetty
Central Bureau of Investigation
State of Maharashtra
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
