Damyanti Babubhai Mange v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.129 OF 2022 Smt. Damyanti Babubhai Mange ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

....

Mr. S.R. Moray i/b. Ms Shivani Shinde Moray for the Applicant. Mr. S.H. Yadav, APP for Respondent -State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 30th MARCH, 2022.

P.C.:- 1.

This is an application for modification of condition of interim bail, which was initially granted on 01/03/2022 and modified on 14/03/2022.

2.

Heard Mr. S.R. Moray, learned counsel for the Applicant and Mr. S.H. Yadav, learned APP for Respondent-State. Perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The Applicant is alleged to have committed offence punishable 1/3

under Section 498 A of the IPC. Apprehending her arrest in Crime No.327 of 2019 the Applicant filed an application for anticipatory bail before the Sessions Court, Mumbai. By order dated 01/03/2022, the learned Additional Sessions Judge granted interim bail with further condition to attend the police station everyday till the next date of hearing. Said condition was modified subsequently and the Applicant was directed to attend the police station on every Wednesday. The Applicant had filed application for modification of the said condition and /or exemption from attending the police station on the ground that the Applicant is of advanced age and is a resident of Bangalore. Said application has been adjourned without any orders. 4.

Learned counsel for the Applicant states that the Applicant is 70 years of age and that she is duly represented by an Advocate before the Sessions Court. He submits that the Applicant has attended the police station and that she has been duly interrogated. 5.

Considering the above statement, in my considered view the condition requiring the Applicant to attend the police station on every Wednesday needs to be modified. Hence the application is allowed. 2/3

6.

The attendance of the Applicant before Ghatkopar Police Station on every Wednesday is dispensed with pending hearing of the Anticipatory Bail Application filed before the Additional Sessions Judge, Mumbai.

7.

Parties to act on an authenticated copy of this order. (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by MEGHA S PARAB Date:

2022.03.30 18:29:19 +0530 MEGHA S PARAB 3/3