Sudarshan Prakash Patil v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.756 OF 2022 WITH INTERIM APPLICATION NO.757 OF 2022 IN CRIMINAL APPEAL NO.883 OF 2021 Sudarshan Prakash Patil Applicant versus The State of Maharashtra Respondent Mr.Nitesh Mohite i/by Mr.Sunil Kamble, Advocate for applicant. Ms.P.N.Dabholkar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 11th March 2022 PC :

1.

This is an application for modification of order dated 27-102021. The sentence of imprisonment was suspended by this Court on a condition that the applicant shall report the Trial Court once in three months on the dates specified by the Trial Court till the appeal is finally disposed of.

2.

It i submitted that the applicant is employed as a teacher in a school situated at Kolhapur. The Trial Court is at Palghar. It becomes difficult for the applicant to attend the Trial Court on the ground of his employment as well as distance he is required to travel. MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.03.15 10:49:17 +0530 3.

Learned APP submitted that the applicant is required to attend Trial Court since the appeal is pending in this Court challenging the judgment and order of conviction. The attendance is imposed on

2 of 2 9.IA.756.2022.doc some principles which enables the Court to keep track of the applicant. At the most it may be modified to the extent that applicant shall attend the Trial Court once in six months. 4.

The submission of learned APP is required to be considered Complete waiver of attendance cannot be granted as contended by learned advocate for applicant. Hence, I pass following order :

ORDER

(i) The order dated 27-10-2021 passed by this Court in Interim Application No.2625 of 2021 directing the applicant to report once in three months, is modified and applicant is directed to attend the Trial Court once in six months on the day/dates specified by the Trial Court till the appeal is finally disposed off; (ii) Interim Application No.756 of 2022 is disposed of; (iii) Interim Application No.757 of 2022 be listed on board on 223-2022. (PRAKASH D. NAIK, J.) MST