Sanjay Ramchandra Bhosale v. The State Of Maharashtra

1/2 17-IA-665-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 665 OF 2022 IN CRIMINAL APPLICATION NO. 1019 OF 2009 Sanjay Ramchandra Bhosale ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPEAL NO. 39 OF 2011 The State of Maharashtra ... Appellant

Versus

Sanjay Ramchandra Bhosale & Ors.

... Respondents WITH CRIMINAL APPEAL NO. 842 OF 2009 Sanjay Ramchandra Bhosale & Anr.

... Appellants

Versus

The State of Maharashtra & Ors.

... Respondents ...

Mr. Rahul Arote i/b Mr. Ram Pawde for Applicant. Mr. V. B. Konde-Deshmukh, APP for Respondent/State. ...

by DNYANESHWAR ASHOK ETHAPE Date:

2022.03.15 18:05:11 +0530 CORAM : S. S. SHINDE & DNYANESHWAR ASHOK ETHAPE SARANG V. KOTWAL, JJ.

DATE : 14th MARCH, 2022.

P.C.:

1.

Heard Mr. Rahul Arote, learned counsel appearing for the appellant. He invites our attention to the averments in the application and submits that the appellant has undergone heart surgery in 2018 and therefore, practically it is not possible for him to attend the police station once in a month. He therefore, prays for modification of condition that was imposed by the order Dnyaneshwar Ethape, PA

2/2 17-IA-665-2022.doc dated 26.04.2012 passed by the Learned Single Judge (Coram: R. G. Ketkar, J.) whereby the applicant is directed to attend the Medha Police Station on every first Monday of every month between 3.00 p.m. to 5.00 p.m. 2.

Mr. Konde-Deshmukh, learned APP appearing for the state submits that the Court may pass an appropriate orders. 3.

We have perused the averments in the application. In view of the fact that the applicant has undergone heart surgery, we are of the opinion that the condition to attend the Medha Police Station once in a month is required to be modified by directing the appellant to attend Medha Police Station once in a three months.

4.

In that view of the matter, the condition imposed by order dated 26.04.2012 passed by the learned single Judge (Coram: R. G. Ketkar, J.) directing the appellant to attend the Medha Police Station once in a month is modified and applicant is directed to attend the said police station once in a three months,pending the disposal of appeal. 5.

Application is partly allowed and stand disposed of accordingly.. (SARANG V. KOTWAL, J.) (S. S. SHINDE, J.) Dnyaneshwar Ethape, PA