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Bombay High CourtIA/1792/2023disposed off

Keshav Singh Gurjar v. The State Of Maharashtra

2023-06-05Hon'Ble Shri Justice S. M. Modak3 pages

by HEMANT CHANDERSEN SHIV Date:

2023.06.08 10:13:58 +0530 HEMANT CHANDERSEN SHIV Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.576 OF 2023 Hakum Itwari Khan & Anr.

...Applicants vs.

State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO.1792 OF 2023 IN ABA NO.576/2023 Keshav Singh Gurjar & Anr.

...Applicants vs.

State of Maharashtra

...Respondent

Mr. Mrunal Surana,i/b Mr. Vaibhav Kulkarni for the Applicant. Mr. S. R. Agarkar-APP, for the Respondent-State. CORAM :S. M. MODAK, J.

DATED :5TH JUNE 2023 P. C. :

INTERIM APPLICATION NO.1792 OF 2023 1.

Heard learned Advocate for the Applicant-accused and learned APP for the Respondent-State.

2.

The Applicants are residents of Rajasthan. As per order dated 23rd March 2023, the Applicants were directed to give attendance twice on Wednesday and Saturday. Till 26th April 2023, both have 1/3

attended. Copy of attendance extract is filed on behalf of the prosection. Even they are having a grievance of non attendance for further period. It is taken on record and marked "X" Colly. 3.

Now the Applicants want relaxation because it is difficult for them to give attendance by travelling all the way from Rajasthan. 4.

It is true that Anticipatory Bail Application is pending. So let attendance condition be relaxed and instead of that the Applicants are directed to cooperate with police as and when required. They are directed to give mobile numbers to the Investigating Officer within one week.

5. Interim Application Application is disposed of. ANTICIPATORY BAIL APPLICATION NO.576 OF 2023 6.

Quashing Petition filed by co-accused bearing Criminal Writ Petition No.(St.) 17658 of 2022, is now fixed before the Division Bench of this Court on 8th June 2023. So let this matter be kept thereafter.

7.

Learned APP pointed out that in fact the earlier Anticipatory Bail Application being Anticipatory Bail Application No.2235 of 2/3

2022, filed by these Applicants was withdrawn. Copy of the said order is dated 22nd August 2022, (Coram : Bharati Dangre, J.) 8.

Propriety demands that this Anticipatory Bail Application ought to have been placed before earlier Bench. Due to oversight this Court has already granted interim protection.

9. Matter be kept on 19th June 2023, as part heard. [S. M. MODAK, J.] 3/3