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Bombay High CourtAPPP/222/2019disposed off

Joseph Verghese And ANR v. Union Of India And ANR

2023-10-19Hon'Ble Shri Justice Shivkumar Dige2 pages

Shantanu Dhudum 57-appp-222-2019 in ba-1589-2011.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.222 OF 2019 IN BAIL APPLICATION NO. 1589 OF 2011 Joseph Verghese & Anr.

.... Applicants

Versus

by SHANTANU SHANKARSA DHUDUM Date:

2023.10.20 19:26:48 +0530 Union of India & Anr.

.... Respondents SHANTANU SHANKARSA DHUDUM Mr. Rohan hogle i/b Mr. Sachin Thombare, Advocate for the Applicant. Ms. Saili N. Dhuru i/b Adv. K. S. Patil for the Respondent No.1. Mr. A. A. Palkar, APP for Respondent No.2-State. CORAM : SHIVKUMAR DIGE, J.

DATE : 19th OCTOBER, 2023.

P.C. :

1.

Learned counsel for respondent - CBI tender affidavit-in-reply, it is taken on record.

2.

By this application applicant is seeking relaxation of condition imposed by this Court (Coram: R. C. Chavan, J) vide order dated 20th October, 2011.

3.

It is contention of learned counsel for the applicant that this Court while granting bail imposed the condition on applicants that they shall attend the nearest concerned police station to their respective residences on first Sunday of every month between 10:00 a.m. to 1:00 p.m. till the 1/2

Shantanu Dhudum 57-appp-222-2019 in ba-1589-2011.doc trial is over.

4.

Learned counsel further submitted that yet trial has not been started. Applicant is attending the Court since 2011. It is finding difficult for the applicants attending the police station first Sunday of every month. Hence, requested to modify or relax the condition.

5.

Learned counsel for the respondent - CBI strongly objected to modify or relax the condition.

6.

I have heard both learned counsel.

7.

Considering the submissions of both learned counsel, I pass following order.

ORDER

i. The condition no.3 is modified as under:- "The applicants shall attending the nearest concerned police station of the residences once in a three months as per their convenient day between 10:00 a.m. to 1:00 p.m. till framing of the charge". 8.

Application is partly allowed.

(SHIVKUMAR DIGE, J.) 2/2