Bombay High Court
Henna Bharat Shah vs The State Of Maharashtra on 27 August, 2018
Author: A.S. Gadkari
Bench: A. S. Gadkari
Nalawade 1 15-alp 966-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 966 OF 2018
Ms. Henna Bharat Shah .....Applicant
Vs.
The State of Maharashtra ....Respondent.
Mr. Ayaz Khan for the Applicant.
Mr. S.S. Hulke, APP, for the Respondent-State.
CORAM : A. S. GADKARI, J.
DATE : 27h AUGUST, 2018. P.C.:-
1. This is an application under Section 482 of the Cr.P.C., questioning the correctness of the Order dated 26.6.2018 passed below Exh. 69 in NDPS Special Case No.100051/2015 thereby forfeiting the amount of PR bond and directing the applicant to furnish fresh PR and surety bond of Rs.50,000/-.
2. The record indicates that, on 26.6.2018 the said case was scheduled for hearing and the applicant could not reach to the Court when the case was called out at the first call, as she was held up due to traffic congestion and therefore, the learned Trial Court passed the impugned Order forfeiting the earlier PR bond and directing to execute the fresh PR and SB bond of Rs.50,000/-. 1/2 ::: Uploaded on - 31/08/2018 ::: Downloaded on - 01/09/2018 00:53:59 :::
Nalawade 2 15-alp 966-18.doc
3. The learned counsel for the applicant submitted that, it is only due to the circumstances which were beyond the control of the applicant, she could not attend the Court at the first call, however thereafter attended the Court.
4. In view of the above, the impugned Order is set aside. The applicant is permitted to remain on PR bond and same solvent sureties as has been executed by her in furtherance of Order dated 24.8.2017 passed by this Court in B.A. No.1051 of 2016..
5. Application is allowed in the aforesaid terms.
(A.S. GADKARI, J.) 2/2 ::: Uploaded on - 31/08/2018 ::: Downloaded on - 01/09/2018 00:53:59 :::