Mukesh @ Mukanda Hiraman Shinde v. The State Of Maharashtra

appp.496-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 496 OF 2018 IN BAIL APPLICATION NO.1194 OF 2016 Mukesh @ Mukunda Hiraman Shinde ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Karl Rustomkhan I/b Rahul Arote for applicant. Mr. N.B. Patil, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 22nd November 2018.

P.C.:

1] This is an application for modification of condition No.3 imposed upon the applicant while releasing him on bail by this Court by its Order dated 17th October 2018. By the said condition, the applicant was directed not to reside in Mawal Taluka till the conclusion of the trial. 2] The learned APP on instructions from the Assistant Police Inspector attached to Kamshet Police Station, Pune, submitted that, the applicant has committed breach of the said condition and had entered in the jurisdiction of Mawal Taluka on more than one occasion. He submitted that the applicant also threatened the witnesses in the present crime, of 1/2

appp.496-2018.doc dire-consequences, if they depose against him in the Court. He submitted that for the same Non-Cognizable offence bearing No.0550/2018 dated 23.0.2018 has been registered with Kamshet Takve Police Station, Pune (Rural) under sections 323, 504 read with 34 of Indian Penal Code. The learned APP submitted that he has received a report dated 21.11.2018 to that effect signed by the Assistant Police Inspector, Kamshet Police Station, District Pune. He tendered across the bar the said report and the same is taken on record.

3] In view thereof, the said condition cannot be modified. Application is accordingly rejected.

(A.S.GADKARI, J.) 2/2