The State Of Maharashtra v. Abhyuday Narayan Mhatre

2024:BHC-AS:4544

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 457 OF 2014 Abhyuday Narayan Mhatre ..Applicant VS.

The State of Maharashtra ..Respondent WITH CRIMINAL APPLICATION NO. 146 OF 2018 IN CRIMINAL REVISION APPLICATION NO. 457 OF 2014 The State of Maharashtra ..Applicant VS.

Abhyuday Narayan Mhatre ..Respondent Adv. Hemant Ghadigaonkar a/w Adv. Sandesh More for the Respondent-Accused.

Ms. S. D. Shinde, APP for the Applicant-State. CORAM : M. S. KARNIK, J.

DATE : JANUARY 31, 2024 P.C. :

1.

Heard learned APP for the State.

2.

This is an application for cancellation bail. The Revision Application filed against the order convicting the accused for the offence punishable under Sections 354 and 504 of the Indian Penal Code, 1860 ("IPC" for short), thereby sentencing him to suffer 6 months rigorous 1/3

imprisonment and a fine of Rs.5000/- has been pending since 2014. By the order dated 06/01/2015, this Court has enlarged the accused on bail of Rs.10,000/- with one solvent surety in the like amount or a cash deposit of Rs.15,000/- in lieu of surety. The substantive sentence imposed on the accused was to remain suspended during the pendency of the Revision Application.

3.

Learned APP invited my attention to the averments made in this application for cancellation of the bail. It is submitted that while on bail the respondent has committed 3 more offences vide C.R. No.17 of 2015 for the offence punishable under Sections 143, 147, 148, 149, 323 of the IPC, C.R. no. 93 of 2016 for the offence punishable under Sections 353 and 332 of the IPC and C.R. No. 68 of 2017 for the offence punishable under Sections 354 and 354(A) of the IPC. It is further submitted that the Vasai Police Station has taken preventive action against the respondentaccused in Vasai Chapter Case No. 59 of 2015 under Section 107 of the Code of Criminal Procedure. It is, therefore, prayed that the bail granted to the accused be 2/3

cancelled.

4.

I have heard learned counsel for the respondentaccused. 5.

The application was filed as far back as in the year 2018. Since 2017, there is nothing on record to indicate that the accused has misused his liberty. At this distance of time, I am not inclined to cancel the bail granted to the respondent. However, in view of the facts brought on record, I am inclined to impose a condition on the accused - Abhyuday Narayan Mhatre that during the pendency of the Revision Application, he shall attend Vasai Police Station once in 3 months, every first Monday of the concerned month, between 11.00 a.m. and 01.00 p.m., commencing March 2024.

6.

Liberty to file an appropriate application for cancellation of bail is kept open also on the grounds taken in this application.

7.

The Criminal Application No. 146 of 2018 stands disposed of in the above terms.

(M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 31/01/2024 14:23:31