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Bombay High CourtIA/950/2021disposed off

Sanjeeb Kumar Rajendra Sharma v. The Union Of India And ANR.

2021-12-06Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 950 OF 2021 IN CRIMINAL APPEAL NO. 300 OF 2021 Sanjeeb Kumar Rajendra Sharma ...Applicant Vs.

Union of India and Anr.

...Respondents

.....

Mr. Prasannan S. Namboodiri a/w. Mr. Virendra U. Pandey a/w. Mr. Steve J. Pulikkdden, Advocate for the Applicant. Mr. S.V. Gawand, APP for the State.

.....

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 6th DECEMBER, 2021 P. C :

- 1.

By this application the Applicant has sought modification of conditions in order dated 17th July 2020 in bail application (Criminal Interim Application LD/VC/OCR/178/2020). 2.

By order dated 17th July 2020, this Court had suspended the sentence and had released the Applicant on bail. One of the conditions was to report to the trial Court once in four months on the day/date specified by the trial Court, pending disposal of the appeal.

3. Learned Counsel for the Applicant states that the Applicant

has been regularly attending the trial Court once in a four months He further states that the Applicant is a native of Munger, District Bihar, and it is difficult for the Applicant to travel once in four months. He states that no such condition has been imposed on the co-accused who has been released on bail by this Court by Order dated 4th December 2020 in Interim Application (St.) No.5186 of 2020.

4.

It is to be noted that the Applicant in Interim Application (St.) No.5186 of 2020 is a native of Maharashtra. The condition is imposed against the Applicant to attend the trial Court mainly because he is native of Bihar and to secure his presence. The condition cannot be totally relaxed. However, the same is relaxed to the extent that instead of reporting to the trial Court once in four months, the Applicant is directed to appear before the trial Court once in six months. Hence, the following order.

ORDER

(i) The application is partly allowed.

(ii) The condition imposed in para 3 of the Order dated 17th July 2020 is modified to the extent that the

Applicant shall appear before the trial Court once in six months on day/date specified by the trial Court. (iii) The application stands disposed of in above terms.

(SMT. ANUJA PRABHUDESAI, J.) Digitally signed by MANJUSHA DINKAR PARAB Date:

2021.12.09 12:57:34 +0530 MANJUSHA DINKAR PARAB