Bhushan Wadhwani And ORS v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:
2022.03.14 12:08:50 +0530 BALAJI GOVINDRAO PANCHAL CRIMINAL APPLICATION NO.1114 OF 2021 Gurunath Sadashiv Phondekar ..Applicant
Versus
The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO.729 OF 2022 IN CRIMINAL APPLICATION NO.1114 OF 2021 Bhushan Wadhwani and Ors.
..Applicants (Intervenors)
IN THE MATTER BETWEEN
Gurunath Sadashiv Pohndekar ..Applicant
Versus
The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO.74 OF 2022 IN CRIMINAL APPLICATION NO.1114 OF 2021 Sunil Kumar Bathija ..Applicant (Intervenor)
IN THE MATTER BETWEEN
Gurunath Sadashiv Pohndekar ..Applicant
Versus
The State of Maharashtra ..Respondent Dr. Abhinav Chandrachud i/by Akash Yadav & Sonali Bidwe, for the Applicant.
Smt. Veera Shinde, APP for the Respondent/State.
Mr. Arjun Dev i/by Dewani Associates, for the Intervenor. Mr. Pradeep Warang, Senior PI, a/w Mr. Atul Nikam, PI, EOW, Mumbai - present.
CORAM : NITIN W. SAMBRE, J.
DATE : 11th MARCH, 2022 P.C.
1.
Heard.
2.
This Court has ordered cancellation of bail of the applicant vide a detailed order for non-compliance of the bail condition.
3.
The condition which is not complied with, underwent repeated modifications at the behest of the applicant. The assurances to comply with the same were not honoured. As a consequence, this Court by a detailed order cancelled the bail. 4.
By this application, the prayer is to modify the bail condition, non-compliance of which has resulted into cancellation of bail.
5.
From the order of cancellation of bail, it is apparent that the order of bail was enjoyed by the applicant for a quite long time by not complying only the original condition but also the modified condition.
6.
The condition of bail of which modification is sought is without any basis. Rather the condition which he was ordered to be
released was based on his own submissions. Same is appropriately dealt with in the order of cacellation of bail. That being so, I hardly see any reason which calls for grant of prayer of modification of the bail condition.
7.
That being so, application stands rejected.
8.
In view of disposal of application, interim applications also stand disposed of.
[NITIN W. SAMBRE, J.]