Subhash Tipanna Nelge v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.241 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO.1589 OF 2015 Subhash Tipanna Nelge .Applicant Vs.

The State of Maharashtra .Respondent Mr.Pawan Patil i/b. Triyama Legal, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

29.06.2017 P.C.

.

Learned counsel for the Applicant seeks relaxation/modification of the Order dated 21.12.2015 passed by this Court (CORAM : SMT. ANUJA PRABHUDESSAI, J.) in ABA No.1589 of 2015. The condition of which modification is sought reads thus :- "(iii) The applicant shall not leave Pune city without the prior permission of the JMFC, Pune."

2.

Learned counsel for the Applicant states that the Applicant has diligently complied with the said conditions and has always taken permission of the Court before leaving Pune City. He submits that till date, chargesheet has not been filed against the Applicant. 3.

Learned APP does not dispute the fact, that in an Application preferred by other co-accused, this Court has directed the police not to file charge-sheet as against the Applicants therein, without the leave of the Court. There was no impediment for the police to file charge-sheet as against the present Applicant. Be that as it may, the Applicant has complied with the Order dated 21.12.2015, inasmuch as, he has taken permission to leave Pune City from the learned JMFC, whenever he has left Pune City.

4.

Accordingly, the Application is allowed

and the condition is relaxed. The Applicant is now, not required to take permission before leaving Pune City, but, shall however, take permission of the learned JMFC before leaving India.

5.

The Application is disposed of on the aforesaid terms.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)