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Bombay High CourtIA/757/2021allowed

Ashok Virendrabhai Mishra v. The State Of Maharashtra

2021-04-08Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.757 OF 2021 IN CRIMINAL BAIL APPLICATION NO.2592 OF 2017 Ashok Virendrabhai Mishra ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ateet Shirodkar, for the Applicant.

Ms. S. V. Sonawane, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 8th APRIL, 2021 P.C. :

1.

At the outset, learned counsel for the applicant seeks leave to amend the prayer clause. Leave granted. Amendment to be carried out forthwith.

2.

Heard learned counsel for the parties.

3.

By this application, the Applicant seeks relaxation of the condition of reporting to the Crime Branch, Unit - I, Thane, once in 3

2/3 months i.e. on the first Monday of the third month between 11:00 a.m. to 1:00 p.m., till the conclusion of the trial, as directed by this Court vide order dated 12th June 2018 (inadvertently mentioned in the order dated 12th June 2018, as office of the CBI, Unit - I, Thane). 4.

Learned Counsel for the applicant submits that the applicant has been complying with the condition imposed by this Court directing attendance to the office of the Crime Branch, Unit-I, Thane vide order dated 8th January 2018 and 12th June 2018. He submits that the applicant resides in Gujarat and that in the present Covid situation is finding it difficult to come to Mumbai. He, requests, that the said condition directing the applicant to attend the concerned office of the Crime Branch, Unit-I, Thane, be modified from once in 3 months to once in 6 months. 5.

Perused the papers. Vide order dated 8th January 2018 whilst granting bail to the applicant, this Court (Coram:A.S.Gadkari,J.) had directed the applicant to attend the office of the Crime Branch, Unit-I, Thane, on first Monday of every month between 11:00 a.m. to 1:00 p.m., till the conclusion of the trial. Thereafter, the said condition was modified and the applicant was directed to attend the said office, once in 3 months, till the conclusion of the trial.

3/3 6.

Having regard to the submissions advanced by the learned counsel for the applicant and since the applicant has been reporting to the concerned office as directed, the application is allowed and the condition directing the applicant to attend the office of the Crime Branch, Unit-I, Thane, once in 3 months is modified, i.e. the applicant shall now attend the office of the Crime Branch, Unit-I, Thane, once in 6 months on the first Monday of the sixth month, between 11:00 a.m. to 1:00 p.m., till the conclusion of the trial.

7.

Accordingly, the Application is disposed of on the aforesaid terms.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.