SAJAL KUMAR MITRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners by this Petition are seeking an order directing that the Petitioners may be released on bail on furnishing cash bail under section 445 of the Criminal Procedure Code without sureties or alternatively they may be released on bail on their own bonds without sureties.

(2.) During pendency of this Petition, Petitioners were released on bail and, therefore, this Petition practically has become infructuous. Shri Adhik Shirodkar, the learned Senior Counsel appearing on behalf of the Petitioners, however, urged that though this Petition has become infructuous, this Court may consider difficulties faced by the Petitioners who are residents of other cities and who are not in a position to obtain local sureties and, secondly, though there is a provision that the accused can be released on furnishing cash bail initially, such orders are not passed, with the result the Petitioners who were high ranking officers of a Private Limited Company had to remain in bail though bail was granted and the sureties could not be furnished since the documents for proving that they were solvent sureties Court of Sessions at Thane. On 25/01/2010, anticipatory bail application was allowed by the Court and the order remained in force till 15/02/2010. Application for extension of anticipatory bail was filed. However, it was orally rejected by the Court on 10/02/2010. On 15/02/2010, another application for extension was made. However, this was also rejected by the Court. On 16/02/2010, Criminal Writ Petition was filed in this Court, seeking permission to furnish cash bail in lieu of surety. On 22/02/2010, an ad-interim order was passed by this Court allowing the prayer for cash bail and notice was made returnable on 08/03/2010. In the meantime, on 05/03/2010, regular bail application was filed and it was allowed and the Petitioners were released on bail.

(3.) The learned Counsel appearing on behalf of the Respondents submitted that this Petition has become infructuous and therefore it is liable to be dismissed.