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BEFORE THE DESIGNATED COURT
UNDER THE M.P.I.D. ACT
AT
BOMBAY CITY CIVIL & SESSION COURT, MUMBAI
ORDER BELOW EXH.3
IN
BAIL APPLICATION NO.41 OF 2015.
IN
C.R.NO.20/2014.
1 Dinesh Hiraman Borse.
2.Jaywant Kondiba Wadkar.
…Applicants.
V/s.
1.The State of Maharashtra.

ЕRespondent.

Appearance:
Adv. Nitin Jadhav for applicants.
Ld. SPP Adv.Kanojia for the State.
Coram : His Honour the Addl. Sessions Judge.
D.P. Surana.
Dated : 20/05/2015
ORAL ORDER
Applicants who were order to be released on bail in BA
41/15 vide order dtd. 20/05/2015 and thereby was required to
furnish PB of Rs.2 Lakhs each with one or more sureties of Rs.
50,000/н each by this application is seeking provisional cash bail in
lieu of the surety bond.
2.

Heard Adv. Nitin Jadhav and Ld. SPP for State. Perused
impugned order in BA No.41/15. Adv. for applicants submitted that
though applicant was ordered to be released on bail on 20/05/2015,
it is difficult to arrange surety in near future. He further submitted
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that the applicant no.2 is handicap and can’t work property on his
own legs.
3.

As against this the Ld. SPP opposed the application
contending that there is possibility of absconding of applicants.
4.

Applicants are resident of Mumbai. Their residence are
not disputed by the prosecution. It is apparent that applicants are in
difficulty to furnish surety though was ordered to be released on bail.
Some of the properties are already secured in the crime. Applicants
are already ordered to surrender their passport and not to leave India
without the permission of this designated court. It is but natural that
when a person is in custody it is hard to obtain solvency certificate.
Advocate
Nitin Jadhav submitted that applicants be granted
provisional cash bail for 8 weeks so that they can arrange for the
solvency certificate. Granting cash bail provisionally for 8 weeks will
not cause any prejudice to the prosecution when applicants are
already behind the bars since long and are having permanent abode
at Mumbai. Hence, I proceed to pass following order.
ORDER
Application is partly allowed.
Applicants are ordered to be released on bail on their
executing PB of Rs.2 Lakhs each and on depositing cash surety of Rs.
50,000/н each. The said provisional cash bail will be for 8 weeks in
lieu of furnishing solvency certificate.
Dtd. 20/05/2015.

(D.P. Surana)
Special Judge, M.P.I.D. Act. &
Addl. Sessions Judge,
City Civil & Sessions Court,
At Bombay.

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