Sarita Ajay Jain v. The State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.197 OF 2016 (FOR MODIFICATION) IN ANTICIPATORY BAIL APPLICATION NO.810 OF 2014 Sarita Ajay Jain ...Applicant
Versus
The State of Maharashtra and Anr.
...Respondents
Ms.Arti Bhoir i/b Mr.Rishi Bhuta, for the Applicant Ms.S.S.Kaushik, A.P.P for the Respondent-State PSI - Dhanesh Satardekar, Malad Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.
DATE : 30th JUNE, 2016 P.C. :
1.
Heard learned Counsel for the applicant and the learned A.P.P. 2.
By this application, the applicant seeks modification of the condition imposed by this Court vide order dated 21st July, 2014, passed in Anticipatory Bail Application No.810 of 2014, whilst granting pre-arrest bail to the applicant. The condition of which modification is sought reads as under;- 1/3
2/3 "6. (iii) Applicant no.2 shall attend the concerned police station on every Tuesday between 11 a.m. to 12 noon till the filing of the charge sheet and shall cooperate the Investigating agency." 3.
Learned Counsel for the Applicant submits that the aforesaid order was passed on 21st July, 2014 and that till date charge-sheet has not been filed in the present case. She submitted that the applicant has been regularly attending the concerned police station as directed by this Court vide order dated 21st July, 2014.
4.
Learned APP does not dispute the fact that the applicant has been regularly attending the concerned police station, as directed by this Court vide order dated 21st July, 2014 and has no objection to the modification sought.
5.
Considering the the fact, that the applicant has been attending the concerned police station from 21st July, 2014, and that till date charge-sheet in the said case has not been filed, the application is allowed and condition No.6.(iii) of the order dated 21st July, 2014, as is reproduced in para no.2 of this Order, is modified to the 2/3
3/3 extent, that 'Applicant no.2 shall now attend the concerned police station on the first Saturday of every month between 11 a.m. to 12 noon till the filing of the charge sheet and thereafter as and when called for and shall cooperate the Investigating agency.' The rest of the conditions imposed vide order dated 21st July, 2014, shall remain the same. 6.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
7.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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