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Bombay High CourtIA/434/2022disposed off

Jayashree D/O Madhavrao Nirgude v. The State Of Maharashtra

2022-03-15Hon'Ble Shri Justice Prakash D. Naik2 pages

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2022.03.17 14:04:07 +0530 20.ia.432.2022.doc VARSHA DEEPAK GAIKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 434 OF 2022 IN CRIMINAL APPEAL NO. 134 OF 2018 Jayashree D/O Madhavrao Nirgude ...

Appellant/Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mrs. Meera Barge I.by Mr. C.P. Sengaonkar advocate for the Appellant/Applicant.

Mr. S.V. Gavand- APP for the respondent-State. --------------------- CORAM :PRAKASH D. NAIK, J.

DATED :MARCH 15, 2022.

P.C. :

.

This is an application for relaxation of condition to attend trial Court stipulated in order dated 13th March 2018 passed by this Court in Criminal Application No. 202 of 2018. 2.

The applicant has preferred Criminal Appeal No. 134 of 2018 challenging the judgment of conviction for offences under the provisions of Prevention of Corruption Act, 1988. The sentence of imprisonment is suspended and bail is granted to the applicant on a condition that applicant shall mark her presence before the trial Court on every first Monday of the month between 11.00 a.m. to 2.00 p.m. till final disposal of appeal.

varsha

20.ia.432.2022.doc 3.

Learned advocate for the applicant submit that the applicant is a lady. She has complied the condition of attending the trial Court since 2018. The Court is situated at long distance from her residence.

4.

Learned APP submit that the complete waiver of attending trial Court may not be granted. The applicant is resident of Vasai and the Court is also situated in Vasai.

5.

It is noted that the condition for attending the trial Court is imposed while granting bail to the applicant in 2018. The applicant has been attending the trial Court in accordance with order dated 13th March 2018.

6.

Hence, the order can be modified as follows:-

ORDER

i.

Order dated 13th March 2018 directing applicant to attend trial Court every month is relaxed by directing the applicant to mark her presence before the trial Court once in six months on first Saturday of the month till final disposal of the appeal.

ii.

Interim Application No. 434 Of 2022 stands disposed of.

(PRAKASH D. NAIK, J) varsha