- 1 - 1013.577 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1013 OF 2011 in CRIMINAL APPEAL NO.577 OF 2011 Gufran Habib Faruqi .. Applicant vs The State of Maharashtra .. Respondents Mr.Abdul Kadar Millwalla for Applicant Ms.S.S.Shinde APP for State CORAM: J.H.BHATIA, J DATE: 24 th August 2011 P.C. 1. Heard learned counsel for the Applicant. The Applicant is accused, whose Appeal No.577 of 2011 against conviction and sentence is pending. The Applicant is in jail. By an order dated 30.6.2011 the Applicant was granted bail by this Court on his furnishing fresh bail bonds in the same sum on which he was on bail throughout trial. It appears that the Applicant had offered original surety but he did not had solvency certificate and therefore the - 2 - 1013.577 Registrar, Sessions court, Sewree Mumbai refused to accept. The surety bonds in view of this, on 22.7.2011, this Court had directed to furnish fresh bonds of the same surety and the Sessions court was directed to accept the surety provisionally subject to the Applicant producing solvency certificate within two months. According to the Applicant, by the time this order was passed, the original surety had left the town and was not available. Thereafter, he approached a friend of the original surety, who was having valid solvency certificate. However, the Registrar, Sessions Court, Sewree refused to accept him as a surety on the ground that the original surety is not before the Court. This is oral allegation made before this Court though it is not specifically mentioned in the Application. In the Application it is contended that the Registrar, Sessions court is avoiding to accept the surety on one or the other ground. If the allegation is true, it is a serious allegation and needs to be looked into. It - 3 - 1013.577 appears that inspite of the bail granted by this Court on 30.6.2011 for one or the other reason he is not released, so far. 2. Therefore, the Sessions court is now directed to allow the Applicant to furnish surety bond of any surety who may be having valid solvency certificate. The learned Additional sessions Judge in-charge of Sewree Court Establishment shall look into the grievances of the applicant and shall find out whether there are similar grievances of other parties also against the concerned Registrar,Sessions Court, Sewree, Mumbai. All concerned to act on an authenticated copy of this order. J.H.BHATIA, J - 4 - 1013.577