Dinesh Tulsaram Kumavat And ANR v. The State Of Maharashtra

rpa 1/3 11-ia-1408-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1408 OF 2020 IN BAIL APPLICATION NO.3120 OF 2018 Dinesh Tulasaram Kumavat & Anr.

.. Applicants Vs.

State of Maharashtra .. Respondent ......

Mr.Swapnil Newaskar, Advocate for the Applicants. Ms.A.A. Takalkar, APP for Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

DECEMBER 18, 2020.

P.C.:

This is an application for modifcation of order dated 10th December, 2018, passed by this Court in Bail Application No.3120 of 2018. While granting bail, both the applicants were directed to attend Kalwa Police station, District-Thane, on frst Saturday of the month from 11:00 a.m. to 01:00 p.m., till conclusion of trial.

Digitally signed by RajeP.

Aher Date:

2020.12.18 16:11:12 +0530 It is submitted that since last two years, the Court. The applicant no.2 is aged about 58 years, and, he is RajeP.

Aher applicants have attended the police station as directed by this

rpa 2/3 11-ia-1408-2020.doc suffering from Diabetes and Hernia. He is under medication. It is difficult for him to attend the police station. Both the applicants have complied the condition of reporting. They have also attended the Court on the date of hearing.

Learned APP submitted that the offence was registered under Sections 302, 498(A), 313, 504, 506(II) read with 34 of Indian Penal Code. Condition of reporting is necessary to keep a check on the whereabouts of the applicants. The contention of the applicants is that they have been attending the police station since last two years. The order dated 10th December, 2018, also stipulates that they shall attend the trial Court regularly on the date of hearing, unless exempted by the Court. Considering the submissions, the order can be modifed to the extent that the applicants can be directed to attend the concerned police station once in four months on frst Saturday of the month, till further orders.

Hence, I pass the following order:

:: O R D E R ::

(i) Interim Application No.1408 of 2020, is allowed;

rpa 3/3 11-ia-1408-2020.doc (ii) The order dated 10th December, 2018, is modifed to the extent that the applicants shall attend Kalwa Police Station, District-Thane, once in four months on frst Saturday of the month between 11:00 a.m. to 01:00 p.m., till further orders; (iii) Interim Application No.1408 of 2020, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)