Bhalchandra Trivedia And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL MISC. APPLICATION No. 22 OF 2015 IN ANTICIPATORY BAIL APPLICATION NO. 1220 OF 2014 Mr Bhalchandra Trivedia & Anr.

... Applicants

VERSUS

State of Maharashtra ... Respondent ...

Mr Abhishek Yende, Advocate for the applicants Mr S. H. Yadav, APP for State ...

CORAM :

V. L. ACHLIYA, J.

DATE :

30th June, 2015.

Per Court:

.

Heard learned Counsel for the applicants and learned APP for respondent/State.

2.

Perused order dated 24th September, 2014 granting interim bail to the applicants and order dated 29th September, 2014, whereby the interim anticipatory bail granted on 24th September, 2014, was confirmed. While granting anticipatory bail, this Court has directed the applicants to attend the police station every Sunday between 11:00 AM to 1:00 PM, till filing of charge-sheet.

3.

Learned Counsel for the applicants submits that, the offence was registered on 23rd July, 2014. The interim anticipatory bail granted in favour of the applicants was confirmed on 29th September, 2014. In compliance of the order passed by this Court, the applicants are attending the Police Station. Although period of about one year is going to be lapsed in the next month, the charge-sheet is not yet filed. In view of this, the learned Counsel for the applicants, has urged to relax the condition of attending the police station till filing of the chargesheet. 4.

Learned APP for the State opposes the application with contention that the condition imposed is not an onerous condition and causes no serious prejudice and hardship to the applicants. He further submits that the condition to attend the police station is for a limited period i.e. till filing of charge-sheet and, therefore, no such modification / cancellation of condition deserves to be granted. 5.

I have perused order dated 29th September, 2014.

Looking to the nature of offence and over all facts of the case, the interim anticipatory bail granted in favour of the applicants was confirmed. The applicant No. 1 claims to be bona fide purchaser of the

property which is the subject matter of the dispute. Since the offence was registered on 23rd July, 2014 and period of more than 9 months has lapsed from passing of such order, I am inclined to entertain the request of the applicants. No purpose can be achieved by enforcing the condition to attend Police Station.

6.

The condition of attending the police Station on every Sunday between 11:00 AM to 1:00 PM imposed by this Court vide order dated 29th September, 2014, is hereby relaxed. The Investigating Officer is directed to expedite the process of filing the charge-sheet in the matter.

7.

The application stands disposed of in above terms with no order as to costs.

[ V. L. ACHLIYA, J. ]