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Bombay High CourtIA/348/2021allowed

Sunil Dada Gazi v. The State Of Maharashtra

2021-02-17Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by Shagufta Q.

Pathan Date:

2021.03.17 14:36:55 +0530 Shagufta Q.

Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 348 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 2367 OF 2017 Sunil Dada Gaji ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Shailesh Chavan i/b Mr. Milind Deshmukh for the Applicant Ms. S. V. Sonawane, A.P.P for the Respondents-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 17 th FEBRUARY 2021 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks relaxation of the condition 10(v) imposed by this Court (Coram : Smt. Sadhana S. Jadhav, J.) vide order dated 22nd December 2017.

The condition of which relaxation is sought, reads thus: 1/3

"10. ....

v) The applicant shall then appear before the office of EOW on every alternative Sunday during 10.30 a.m. to 12 noon and cooperate with the investigating agency to the best of his capacity till the commencement of the trial." Learned counsel for the applicant submits that the applicant has been regularly attending the office of the Economic Offences Wing, every alternative Sunday between 10:30 a.m. to 12 noon, till date. He submits that investigation is complete and charge-sheet has been filed in the said case. He submits, on instructions, that the applicant will cooperate in the conduct of the trial and will attend the trial Court on the dates given by the trial Court, unless exempted. Statement accepted. Vide order dated 22nd December 2017 passed by this Court (Coram : Smt. Sadhana S. Jadhav, J.) in Criminal Bail Application No.

2367 of 2017, the applicant was enlarged on bail, subject to certain conditions. It appears that as per clause (v) of para 10 of the said order, the applicant was directed to appear before the Office of the Economic Offences Wing on every alternative Sunday. The statement of the learned counsel for the applicant that investigation is complete and charge-sheet is filed, is accepted.

applicant will cooperate in the conduct of the trial and will attend the trial Court on every date, unless exempted, is also accepted. Considering the aforesaid, the application is allowed and clause (v) of the order dated 22nd December 2017 directing the applicant to appear before the Office of the Economic Offences Wing on every alternative Sunday is relaxed. The applicant shall, however, attend the trial Court on every date, unless exempted.

Application is disposed of accordingly.

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

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