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High CourtsSingle Bench(2011) 01 BOM CK 0068

Shri Deepak Gaonkar through Next friend Shri Naydade Antao vs State

Bombay High Court · Decided on 14 January 2011

HON’BLE JUDGES
A.P. Lavande, J
CASE NUMBER
Criminal Miscellaneous Application No. 7 of 2011 in Criminal Appeal No. 86 of 2010

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Judgment

9 paragraphs · 335 words

A.P. Lavande, J.—Rule. By consent forthwith.

2.

By this application the applicant challenges the order dated 13.1.2011 passed by the learned Judicial Magistrate First Class, Sanguem by which the learned Judicial Magistrate First Class, Sanguem has dismissed his application for cancellation of non-bailable warrant issued by the learned Judicial Magistrate First Class, Sanguem pursuant to the order passed by this Court u/s 390 of Code of Criminal Procedure. This Court by order dated 14.12.2010 passed in Criminal Application No. 214/2010 granted leave to appeal against the judgment and order of acquittal dated 11.5.2010 passed by the learned Judicial Magistrate First Class, Sanguem in Criminal Case No. 3/S/2009 acquitting the applicant for the offences punishable under Sections 279 and 338 of I.P.C. This Court also ordered action u/s 390 Code of Criminal Procedure.

3.

Pursuant to the order passed by this Court, the learned Judicial Magistrate First Class, Sanguem issued non-bailable warrant against the applicant. The applicant filed application for cancellation of the non-bailable warrant. Thereafter it appears that on 13.1.2011 the applicant alongwith his advocate appeared before the learned Magistrate and sought bail which has been rejected.

4.

Considering the fact that the appeal against acquittal has been preferred against the applicant for the offences punishable under Sections 279 and 338 of I.P.C. which are of minor nature, I am of the opinion that it would be appropriate to release the applicant on bail.

5.

In view of the above, the order dated 13.1.2011 passed by the learned Judicial Magistrate First Class, Sanguem is set aside and the applicant is ordered to be released on bail on the following terms and conditions:

1.

The applicant shall execute a bail bond in the sum of Rs. 10,000/-with one surety in the like amount to the satisfaction of the learned Magistrate.

2.

The applicant shall remain personally present before this Court at the time of final hearing of Criminal Appeal No. 86/2010.

6.

The application stands accordingly disposed of.

7.

Authenticated copy be furnished to the applicant.