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Bombay High CourtAPPP/494/2015others disposed off

Ratansingh Shambhusingh Chundawat v. The State Of Maharashtra

2015-08-10Hon'Ble Smt. Justice S.S. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 494 OF 2015 IN CRIMINAL BAIL APPLICATION NO. 1399 OF 2014 Ratansingh Shambhusingh Chundawat.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mrs. Pooja N. Sejpal i/b. Mr. Nitin Sejpal, advocate for Applicant. Ms. S.S. Kaushik, APP for State.

Mr. Yadav, ASI, Kasturba Marg Police Station. --- CORAM : SMT. SADHANA S. JADHAV,J DATE : AUGUST 10, 2015 P.C.:

This is an application seeking modification of the order dated 20th March, 2015. The applicant herein is an accused in C.R.. No. 161 of 2013 registered at Kasturba Marg Police Station. The investigation is completed and charge-sheet is filed. The case is committed to the Court of Sessions and registered as Sessions Case No. 175 of 2013. The applicant was enlarged on bail vide order dated 4th August, 2014. 1/3

Initially the applicant was directed to report to Kasturba Marg Police Station every day between 7 p.m. to 8 p.m. till the disposal of the case. The said condition was modified and the applicant was directed to report to the police station on every Monday, Tuesday and Sunday. The applicant had then again approached this Court seeking modification and the order was modified by order dated 20th March, 2015, wherein the applicant was directed to report to Kasturba Marg Police Station on every Sunday till disposal of the case. The learned Counsel for the applicant submits that the applicant is the original native of Rajasthan and therefore, he would face hardship in attending the concerned police station once in a week. Hence, the applicant prays for modification of the order. Taking into consideration the fact that the case is committed to the Court of Sessions, this Court is inclined to relax the condition as follows :

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ORDER

(i) The application is partly allowed.

(ii) The applicant shall report to Kasturba Marg Police Station on 1st Sunday of every month. The applicant shall attend each and every scheduled date of the trial.

(iii) Upon failure to attend any two consecutive dates either before the police station or at the trial, the prosecution would be at liberty to file application seeking cancellation of bail. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3