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Bombay High CourtIA/325/2023rejected

Roshan Hiranand Jha v. State Of Maharashtra

2023-07-07Hon'Ble Smt. Justice Bharati Dangre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.325 OF 2023 IN BAIL APPLICATION NO. 816 OF 2022 Roshan Hiranand Jha ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Ms. Neha Bhavsar i/b Mr. V.K. Dubey Associates for the applicant.

Ms. P.N. Dabholkar, APP for Respondent/State. CORAM: BHARATI DANGRE, J.

DATED : 7th JULY, 2023 P.C:- 1.

The application seek relaxation of the condition imposed upon the applicant while he was released on bail on 13/09/2022, on being charged with offence punishable under Sections 307, 341,143, 144, 147, 148, 149, 324, 323, and 504 of IPC r/w 37 (1) and 135 of the Maharashtra Police Act. While considering his release on bail, apart from appreciating the material compiled in the charge-sheet, his antecedents were also relied upon by the learned Public Prosecutor. From the year 2014 to 2018, there are 12 offences registered against him in Ulhasnagar Police Station and one Ashish

2/2 8 IA-325-23...doc offence is registered in Vitthalwadi Police Station. He is chargesheeted for four C.R.s under Section 307 of IPC and also of committing bodily offences and forming unlawful assembly. In this background, when the brother of the applicant was present in the Court made a specific statement which was recorded that he shall move himself from Ulhasnagar City and continue to reside in Nashik, his liberty was secured, subject to the stipulation that he shall not set his foot in jurisdiction of Ulhasnagar and Thane district and shall continue to reside in city of Nashik.

The applicant is now posing a difficulty to stay outside Ulhasnagar by stating that he has been dutifully abiding these conditions, which can be no ground to relax the said condition as the statement was particularly made that he shall continue to stay in Nashik till the conclusion of the trial. Application is rejected.

( SMT. BHARATI DANGRE, J.) Ashish