Bombay High Court
Dr. Arif Rashid Rahaman vs State Of Mah. Through Police … on 25 May, 2018Bench: Z.A. Haq Judgment 1 13-J-Cri.WP-380-18.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 380 OF 2018 Dr Arif Rashid Rahaman Aged about 45 years. Occ. Doctor, R/o Behind Jaswant Mall, Buddha Park, Buddha Nagar, Nagpur … Petitioner // VERSUS // State of Maharashtra, through Police Station Officer, Pandharkawda, Dist. Yavatmal … Respondent- __________________________________________________________________ Shri P. S. Dhenge, Advocate for petitioner. Shri N. R. Patil, Additional Public Prosecutor for Respondent-State. Shri Mir Nagman Ali, Advocate for Intervenor. ___________________________________________________________________ CORAM : Z.A.HAQ, J.
DATED : MAY 25, 2018.
Criminal Application (APPW) No.116 of 2018 Heard.
Considering the facts of the case the applicant (complainant) is permitted to assist the prosecution.
The application is allowed accordingly.
ORAL JUDGMENT :
Heard. ::: Uploaded on – 29/05/2018 ::: Downloaded on – 30/05/2018 00:57:46 :::
Judgment 2 13-J-Cri.WP-380-18.odt Rule. Rule made returnable forthwith. The petitioner has challengd the order passed by the Sessions Court by which the miscellaneous application filed by the petitioner seeking extension of time to comply with condition of furnishing bank guarantee as per the order passed by the Sessions Court earlier on 19 th January 2018 while granting bail to the petitioner is dismissed. 02. The petitioner was arrested on 2nd November 2017 in connection with Crime No.757/2017 registered against him for offence punishable under Sections 420, 406 read with Section 34 of the Indian Penal Code. By order dated 14th November 2017, the learned Sessions Judge directed that the applicant (petitioner) be released on bail on executing P.R. Bond of Rs.25,000/- and on furnishing one or more solvent surety in the like amount. The learned Sessions Judge directed the applicant to attend PSO PS Pandharkawada every Monday and Tuesday between 10 am to 1 pm. The learned Sessions Judge further directed the petitioner to furnish bank guarantee of Nationalized Bank for Rs.2,40,000/- within fifteen days after his release. The petitioner was released on bail on 15th November 2017, however he failed to furnish bank guarantee within stipulated time as directed by the learned Sessions Judge. The petitioner moved an ::: Uploaded on – 29/05/2018 ::: Downloaded on – 30/05/2018 00:57:46 ::: Judgment 3 13-J-Cri.WP-380-18.odt application before the Judicial Magistrate, First Class seeking extension of time to furnish bank guarantee. This application was dismissed by the learned Magistrate recording that the application was not maintainable. This order was challenged by the petitioner before this Court in Criminal Application (BA) No.1191/2017. This Court, by order dated 15th December 2017 rejected the prayer made by the petitioner for directing the respondent to release on bail, however this Court permitted the petitioner to approach the Sessions Court for seeking extension of time to furnish bank guarantee which according to the petitioner was ready. The petitioner filed application seeking extension of time to furnish bank guarantee. The learned Sessions Judge has rejected this application by the impugned order. 03. The learned Advocate for the petitioner, on instructions, has made specific statement that the bank guarantee received by the petitioner from Nationalized bank is for three years and is still alive and the same can be submitted immediately.
04. Considering the facts of the case, following order is passed : i) The impugned order rejecting the application filed by the petitioner seeking permission to furnish bank guarantee is set ::: Uploaded on – 29/05/2018 ::: Downloaded on – 30/05/2018 00:57:46 ::: Judgment 4 13-J-Cri.WP-380-18.odt aside.
ii) The petitioner is permitted to furnish bank guarantee as per the order passed by the learned Sessions Judge in Misc. Criminal Application No.155/2017 on 14th November 2017. If the petitioner fails to furnish the bank guarantee within two weeks from today, the order passed by the learned Sessions Judge on 14th November 2017 granting bail to the petitioner shall cease to operate and the petitioner be taken in custody. iii) The petitioner shall renew the bank guarantee till prosecution, if lodged against the petitioner in Crime No.757/2017 is over. iv) Rule is made absolute in the above terms.
v) In the circumstances, the petitioner shall pay costs of Rs.20,000/- to the respondent-State and produce receipt of it on record of this petition within four weeks.
JUDGE Asmita ::: Uploaded on – 29/05/2018 ::: Downloaded on – 30/05/2018 00:57:46 :::