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Bombay High CourtAPPLN/244/2017others disposed off

Bakul Shah And ANR v. The State Of Maharashtra

2017-08-04Hon'Ble Shri Justice Prakash D. Naik2 pages

Vina k sr.934.appln.244.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 244 OF 2017 Bakul Shah & anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

---------- Mr Hrishikesh Mundargi, a/w. Mr. Vikarsh Srivastava, Mr. Tushar Mittal for the applicant.

Smt. Veera Shinde, APP for the respondent - State. API Ghadge H. K., NRI Police Station present. ---------- CORAM :

PRAKASH D. NAIK, J.

DATE :

4th AUGUST, 2017.

P.C. :

.

This is an application for relaxation of condition imposed by the Special Court. The applicants were granted anticipatory bail by the said Court and while allowing the said application the conditions were imposed that the applicants shall attend the concerned police station on every Monday from 11.00 am to 1.00 pm. The applicants were also directed not to leave jurisdiction of India without permission of Court. The said order was passed on 7th October, 2016. 2.

Learned advocate for the applicants submitted that the applicants have complied with aforesaid conditions. It is submitted that charge has not been framed. There is no need of stringent 1/2

Vina k sr.934.appln.244.2017.doc conditions as imposed by the Special Court. The application preferred by the applicant for relaxation of the conditions have been rejected by the Special Court.

3.

Learned APP on instruction from the investigating officer who is present in Court submits that the prayer sought by the applicant can be allowed.

4.

Taking into consideration the fact that the applicant has been attending the police station from the date of the aforesaid order and considering the fact that the prosecuting agency has no objection for relaxation of condition, the application can be allowed. Hence, I pass following order;

:: ORDER ::

(i) Application No.244 of 2017 is allowed.

(ii) The conditions imposed in order passed by the Special Judge, Thane in ABA No.2446 of 2017 on 7th October, 2016 directing the applicants to attend police station and also directing that they shall not leave jurisdiction of India without permission of the Court are hereby relaxed. (iii) Application stands disposed of.

[PRAKASH D. NAIK, J.] 2/2