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Bombay High CourtAPPLN/36/2016modified

Pravin Nagindas Parekh And ORS v. The State Of Maharashtra

2016-02-09Hon'Ble Shri Justice A.S. Gadkari2 pages

(913) APPLN 36-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 36 OF 2016 Pravin Nagindas Parekh & Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Amrendra Mishra for the Applicant.

Mrs. A. P. Javeri, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 9 th FEBRUARY, 2016.

P. C. :

1.

This is an application for modification of condition imposed upon the applicants while granting them anticipatory bail in Anticipatory Bail Application No. 277/15 by the learned trial Court. While allowing their application by an order dated 10.12.2015, the learned trial Court has imposed a condition that, the applicants shall not leave Mumbai without prior permission of the said Court. 2.

The learned Counsel for the applicant submitted that the FIR has been lodged out of the disputes between the members of a co-operative housing society. That the said condition is onerous one and the applicants have to seek permission of the trial Court on each 1/2

(913) APPLN 36-16 and every occasion whenever they want to leave the jurisdiction of Mumbai.

3.

In view of the facts mentioned in the application and in the interest of justice, I am inclined to modify the said condition. 4.

Hence the following order:

Condition No.7 imposed upon the applicants by order dated 10.12.2015 is hereby cancelled with immediate effect. 5.

The application is allowed in the aforesaid terms. (A. S. GADKARI, J.) 2/2