IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1180 OF 2008 CRIMINAL APPLICATION NO. 1180 OF 2008 CRIMINAL APPLICATION NO. 1180 OF 2008 IN IN IN CRIMINAL APPLICATION NO. 537 OF 2007 CRIMINAL APPLICATION NO. 537 OF 2007 CRIMINAL APPLICATION NO. 537 OF 2007 IN IN IN CRIMINAL APPLICATION NO. 2069 OF 2005 CRIMINAL APPLICATION NO. 2069 OF 2005 CRIMINAL APPLICATION NO. 2069 OF 2005 IN IN IN CRIMINAL APPEAL NO. 336 OF 2005 CRIMINAL APPEAL NO. 336 OF 2005 CRIMINAL APPEAL NO. 336 OF 2005 Rafiq Madar Khan ...Applicant Through Jail vs. The State of Maharashtra ...Respondent (DCB-CID) None for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 21, 2008 DATED : NOVEMBER 21, 2008 DATED : NOVEMBER 21, 2008 P.C. :- P.C. :- P.C. :- 1. This is an application for modification of the order passed by this Court dated 19th July, 2007. The applicant has been convicted by the Sessions Court for the offences punishable under Section 489(C) read with 34 of the IPC and under Section 489(D) read with 34 of the IPC and sentenced to suffer RI for 7 years and 10 years, respectively and to pay fine of Rs.5000/- and in default, to suffer further RI for 3 months. - 2 - 2. This Court initially by order dated 21st November, 2005 had directed that the applicant to be released on bail on his furnishing bail in the sum of Rs.1 lakh with two local sureties. However, the applicant was unable to give bail for the said amount and therefore, he had applied for modification and reduction of the bail amount. This Court, therefore, by order dated 19th July, 2007 was pleased to reduce the amount of bail to Rs.35,000/-. The applicant, however, was unable to furnish even the said reduced amount of bail and thereafter, he has now filed this application through jail seeking reduction of the said amount. In his application, he has stated that since he does not belong to the State of Maharashtra and he is not in a position to furnish the said amount of Rs.35,000/-, he has, therefore, requested that either the said amount may be further reduced or the appeal may be heard, expeditiously. 3. Since the applicant belongs to the State of Rajasthan, instead of reducing further the amount of bail granted by this Court, it would be appropriate if - 3 - the Criminal Appeal itself is kept for hearing. 4. Accordingly, the application is partly allowed and the Criminal Appeal is fixed for final hearing in the week commencing from 12th January, 2009. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)