Ashish Ramakrishna Rai v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2117 OF 2022 IN CRIMINAL APPLICATION NO.757 OF 2019 Ashish Ramakrishna Rai ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Ashish Dubey for the applicant.

Mr.S.V.Gavand, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 27th JULY, 2022 P.C:- By the present application, the applicant seek exemption from marking his attendance in Samta Nagar police station which was one of the condition directing his release on bail.

The applicant facing accusation in C.R.No. 494/2018 was released on bail on 18/12/2018, subject to the stipulation that he shall attend the police station once in a month on 1st Saturday. The condition was modified after expiry of two years on an application being taken out (Criminal Application No.757/2019) and on 13/3/2020, this Court directed that he shall report to the Tilak

2/2 125 IA 2117-22.doc police station once in three months on 1st Saturday on 1st month, as it was reported that he has dotingly abided by the condition, directing him to report to the police station, It is informed that the charge is already framed against the applicant in POCSO Case No.387/2018 and the applicant is awaiting to be tried by the Special Court. He seek exemption from the attendance, since for more than 30 dates, he has reported to the police station.

Since the Special Court is now seized of the trial, the applicant is expected to attend the trial regularly. The condition of he reporting to the police station has become onerous since for last four years, he has been reporting to the police station. In the wake of the above, the application is allowed. The applicant is exempted from reporting to the police station. Instead, he shall continue to appear before the Special Court in Special Case No.387/2018 on every date, unless he is exempted.

( SMT. BHARATI DANGRE, J.) Tilak