Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1 C. C. No. 2116/Misc/2026
ORDER BELOW MISCELLANEOUS APPLICATION C. C. NO.
2116/Misc/2026 IN R. A. NO. 95/2026
1] The applicant/accused Mr. Mushtaque Ahmed Mohammed
Azim Shaikh has filed this application for continuation of cash bail in
lieu of surety. It is averred that inspite of best efforts the applicant is not
able to arrange the solvent surety. It is averred that the applicant has
deposited the cash security for his provisional release. Applicant prayed
for continuation of cash bail in lieu of surety.
2] Despite of service of notice to the respondent i.e. to DRI,
none appeared to file reply. Hence application be proceeded without
reply.
3] Perused application and say. Also perused documents on
record. Heard Ld. Advocate for applicant/accused. The
applicant/accused was arrested and thereafter released on bail on
25.02.2026 with certain conditions. As per bail order applicant has
deposited the cash security amount of Rs. 1,00,000/- for his provisional
release. Applicant was directed to furnish solvent surety bond within
the period of two months. It appears from record that, the
applicant/accused is not able to arrange the solvent surety. As per
Section 490 of BNSS, 2023 the court may permit accused to deposit
cash security in lieu of execution of bond.
4] It was for applicant to furnish surety or to apply for
continuation of cash bail within two months from the date of bail order
i.e. 25.02.2026. However, there is delay on the part of applicant.
According to applicant he was in search of surety and therefore could
not apply for continuation of cash bail within given time. The reason
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2 C. C. No. 2116/Misc/2026
shown by applicant is seems to be sufficient for condonation of delay. As
accused/applicant is not able to arrange the solvent surety it would
appropriate to permit him for continue his cash bail and the PB. The
amount Rs. 1,00,000/- for cash bail is sufficient one and therefore it
would not appropriate to enhance the same. Hence I pass the following
order:--
ORDER
i) The application is allowed.
ii) The delay for seeking extension to cash security shall stand condone
subject to the cost of Rs. 1000/- payable to the account of DLSA,
Mumbai.
iii) The applicant/accused is permitted to continue with cash bail
permanently in lieu of solvent surety.
( S. K. Fokmare )
Date :19.06.2026. Additional Chief Judicial Magistrate,
19th Court, Esplanade, Mumbai.
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