Bombay High Court
Ramesh Suresh Soni vs The State Of Maharashtra on 31 January, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
rpa 1 of 3 502-appp-1195-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1195 OF 2018
IN
CRIMINAL BAIL APPLICATION NO.2401 OF 2016
Ramesh Suresh Soni ... Applicant
Vs.
State of Maharashtra ... Respondent
......
Mr.Fakhruddin Khan i/b. Mr.Rajendra S. Bidkar, Advocate for the
Applicant.
Mr.A.R. Kapadnis, APP for Respondent - State.
......
CORAM : PRAKASH D. NAIK, J.
DATE : JANUARY 31, 2019.
P.C.
Not on Board. Mentioned. Production of papers of
application is allowed at 03:00 p.m.
2 Applicant was granted bail vide order dated 19 th April,
2017, passed by this Court in Bail Application No.2401 of 2016.
While granting bail, it was directed that the applicant shall be
released on bail on his furnishing P.R. Bond of Rs.25,000/-, with
one or two solvent local sureties in the like amount. It was further
directed that before his release from jail, the applicant shall
provide the documents of his permanent residential address and
::: Uploaded on - 02/02/2019 ::: Downloaded on - 02/02/2019 22:35:53 :::
rpa 2 of 3 502-appp-1195-18.doc
also residential address from Mumbai to the investigating agency
i.e. Malwani Police Station, Mumbai, and also to the trial Court.
He was also directed to attend the Malwani Police Station,
Mumbai, on every first Monday of each month between 11:00 a.m.
to 03:00 p.m.
3 Learned counsel for the applicant submits that the
applicant is the permanent resident of Uttar Pradesh. The
applicant is finding it difficult to furnish local surety. It is
submitted that the word "local" appearing in paragraph 4(i) of
operative part of the order dated 19 th April, 2017, may be
relaxed/deleted by permitting the applicant to furnish one or two
solvent sureties in the like amount. It is further submitted that
since the applicant is the permanent resident of Uttar Pradesh, he
would reside along with his friend at Mumbai. The affidavit
executed by his friend has been tendered stating the place of
residence. The said affidavit is taken on record and marked "X"
for identification.
4 It is noted that the applicant is in custody from 3 rd
April, 2016, although, the applicant was directed to be released on
bail vide order dated 19 th April, 2017, he has continued to be in
custody since then for want of furnishing local sureties and the
residential address from Mumbai.
::: Uploaded on - 02/02/2019 ::: Downloaded on - 02/02/2019 22:35:53 :::
rpa 3 of 3 502-appp-1195-18.doc
5 Hence, I pass the following order:
:: O R D E R ::
(i) Order dated 19th April, 2017, passed by this Court in Bail Application No.2041 of 2016, is modified to the extent that the applicant be released on bail on his furnishing P.R. Bond of Rs.25,000/-, with one or two solvent sureties in the like amount.
The trial Court while executing bail bonds, shall verify the contents of affidavit tendered by the applicant with regards to his residential address at Mumbai at the time of execution of surety;
(ii) Criminal Application stands disposed of.
( PRAKASH D. NAIK, J. ) ::: Uploaded on - 02/02/2019 ::: Downloaded on - 02/02/2019 22:35:53 :::