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Bombay High CourtAPPA/683/2016others disposed off

Yogesh Suresh Patil And ORS v. The State Of Maharashtra

2016-07-12Hon'Ble Justice Revati Mohite Dere4 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.683 OF 2016 IN CRIMINAL APPEAL NO.48 OF 2015 Yogesh Suresh Patil .Applicant Vs.

The State of Maharashtra .Respondent Mr.Satyajeet Mirajkar, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM :

REVATI MOHITE DERE, J.

DATE : 12.07.2016 P.C.

.

Heard learned counsel for the Applicant.

2.

By this Application, the Applicant seeks extension of one year to enable the Applicant to stay in the USA for a further period of one year i.e. from 10.07.2016 to 09.07.2017.

3.

Learned counsel for the Applicant states that the Appeal against conviction of the Appellant under Section 4 of the Dowry Prohibition Act was admitted by this Court vide order dated 14.01.2015 and that the Applicant was enlarged on bail on certain terms & conditions. He submitted that this Court vide order dated 14.01.2015 passed in Cri.Appln.No.21 of 2015 in Cri.Appeal No.48 of 2015, whilst granting bail to the Applicant was pleased to impose the following condition which reads thus :- "(iv) The applicants shall report to the concerned Court once in six months on the date specified by the concerned Court. Upon failure to attend on two consecutive dates, the concerned Court shall inform the High Court forthwith and take appropriate action."

4.

Learned counsel further submitted that thereafter, the Applicant moved an Application, being Cri.Appln.No.735 of 2015 seeking

relaxation of the aforesaid condition on the ground, that he wanted to go to the USA in connection with his service for one year. Pursuant to the same, this Court vide order dated 10.07.2015 was pleased to relax the said condition for a period of one year on the condition that prior to leaving India, the Applicant was to furnish his detailed contact address and contact telephone number/Email ID to the concerned investigating agency.

5.

Learned counsel submits that the Applicant is still in the USA and is working with Wipro Technologies Ltd.. He submits that the Applicant is unable to come to India for another year. He submits that the Applicant would be coming to India some time in August, however, in connection with his work, would be staying for a week only in Bangalore. He, however, submits that if the Applicant comes to Mumbai, he will appear before the concerned

Court, pursuant to the order dated 14.01.2015. The said statement is accepted.

6.

Considering the aforesaid, the Application is allowed and the condition is relaxed for a period of one year i.e. from 10.07.2016 up to 09.07.2017. If there is any change of address, telephone number/Email ID, the Applicant shall inform the concerned investigating agency about the same.

7.

The Application is allowed on the aforesaid terms and disposed of.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)