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Bombay High CourtAPPP/81/2016modified

Harishankar Shivmohan Chourasiya v. The State Of Maharashtra

2016-02-09Hon'Ble Shri Justice A.S. Gadkari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 81 OF 2016 IN CRIMINAL BAIL APPLICATION NO. 464 OF 2013 Harishankar S. Chaurasia ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Murtuza Najmi i/b SKC Legal for the Applicant. Mrs. Rutuja Ambekar, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 9 th FEBRUARY, 2016.

P. C. :

1.

This is an application for temporary relaxation of condition, imposed upon the applicant while releasing him on bail by this Court by its order dated 05.04.2013. By the said order, a condition has been imposed upon the applicant that he shall not reside in Girgaon area till the conclusion of trial. 2.

The learned Counsel for the applicant submitted that the applicant is the younger brother of Ms. Bhuvneshwari. Her engagement ceremony is scheduled on 12.02.2016 at Mumbai. That being younger brother, his presence at the said ceremony is very 1/3

much necessary. He, therefore, submitted that the said condition imposed upon the applicant may be released temporary for the period of 15 days. He also placed reliance on the photocopies of the invitation card printed in that behalf.

3.

The learned APP opposed the application and submitted that the application preferred by the applicant for modification of the said condition has been dismissed by this Court by its order dated 25.01.2016 and, therefore, the present applicant may not be entertained.

4.

However after taking into consideration the fact that the engagement ceremony of the sister of the applicant is scheduled on 12.02.2016 and the marriage ceremony is scheduled immediately thereafter on 27.02.2016, the applicant can be permitted to enter the jurisdiction of Girgaon.

5.

Hence the following order:

(i) Condition No.(ii) imposed upon the applicant by an order dated 05.04.2013 is hereby modified for the period from 11.02.2016 to 29.02.2016 and the applicant is permitted to 2/3

enter in Girgaon area within the said period. (ii) The applicant shall attend V. P. Road Police Station, Mumbai on 13th, 17th, 20th & 24th February, 2016 between 11.00 a.m. to 12.00 noon.

6.

The application is allowed in the aforesaid terms. (A. S. GADKARI, J.) 3/3