Hanumant Shankar Adsul v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.491 OF 2017 IN CRIMINAL APPEAL NO.1224 OF 2012 HANUMANT SHANKAR ADSUL )...APPELLANT V/s.

THE STATE OF MAHARASHTRA & ANR.

)...RESPONDENTS Mr.Ujwal Gandhi h/f. Mr.Rishi Bhuta, Advocate for the Applicant. Ms.N.S.Jain, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

1st SEPTEMBER 2017 P.C. :

This is an application for modification of the condition of bail imposed on the applicant/ appellant / original accused vide order dated 5th December 2012 passed in Criminal Application No.1725 of 2012. As per this condition, the applicant / accused is directed to report to the trial court on the first and third Monday of every calendar month till disposal of the appeal. avk 1/3

Heard the learned advocate appearing for the applicant / accused as well as the learned APP appearing for the State.

The applicant / accused came to be convicted of offences punishable under Sections 354 and 453 of the IPC by the impugned judgment and order dated 27th September 2012 by the learned Additional Sessions Judge, Mumbai, in Sessions Case No.270 of 2012.

It is reported that in pursuant to the order dated 5th December 2012, the applicant / accused is regularly attending the court concerned twice in every month. It is further submitted that there is no likelihood of abscondance of the applicant / accused. The applicant / accused, who is a senior citizen, is suffering hardship by continuous traveling from Churchgate to Bhandup in pursuance to this order.

avk 2/3

Considering the short sentence imposed on the applicant / accused, direction to him to attend the trial court twice in a month during pendency of his appeal before this court is wholly unwarranted with passage of time. Hence, the said condition is dispensed with.

The application is accordingly allowed.

(A. M. BADAR, J.) avk 3/3