Akhilesh Harshal Pandey v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 336 OF 2015 IN CRIMINAL BAIL APPLICATION NO. 2350 OF 2014 WITH CRIMINAL BAIL APPLICATION NO. 2369 OF 2014 Akhilesh Harshal Pandey ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Vikram V. Tare Patil for the Applicant Ms. Rtuja Ambekar, A.P.P for the Respondent-State Mr. H. S. Venegaonkar for the Respondent CBI CORAM : REVATI MOHITE DERE, J.

THURSDAY, 7 th MAY, 2015 P.C. :

1.

By this application, the applicant seeks modification/relaxation of the condition imposed on the applicant by this Court (Coram: Abhay M. Thipsay, J.) vide order dated 14th January, 2015 in Criminal Bail Application No. 2350 of 2014 and 2369 of 2014. The condition, of which, modification is sought, reads as under :

"(a) The applicant shall report to the office of the CBI BSFC, Mumbai, on every working day between 11.00 1/3

a.m. to 2.00 p.m. except on the dates on which he would be present before the trial Court."

2.

Learned Counsel for the applicant submits that pursuant to the aforesaid direction of this Court, the applicant has been attending the office of the CBI BSFC. Mumbai, on every working day between 11:00 a.m. to 2:00 p.m., except on the dates on which he is required to be present before the trial Court. He submits that the condition be relaxed and states that the applicant is unable to pursue his day-to-day activities because of this condition.

3.

Learned Counsel for the CBI opposes the bail application. He submits that the applicant was absconding and he is likely to abscond and hence, the condition may not be relaxed.

4.

A perusal of the order dated 14th January, 2015 shows that this Court has enlarged the applicant on bail by taking care that the applicant would not abscond as is evident from clauses (b) and (c) of the said order as well as para 10 of the said order.

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5.

Considering the fact that the applicant has been regularly attending the office of the CBI, which fact is not disputed by the Spl. P.P., the said condition is modified and relaxed, to the extent that instead of attending the office of the CBI on every working day between 11:00 a.m. to 2:00 p.m., the applicant shall now attend the office of the CBI every Saturday between 11:00 a.m. to 1:00 p.m., except on the days on which the applicant is required to attend the trial Court. As far as rest of the conditions are concerned, the same shall continue to remain the same. 6.

The application is disposed of accordingly.

7.

Parties to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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