← Library
Bombay High CourtAPPP/780/2018others disposed off

Surajkaur Tarasingh Kalani v. The State Of Maharashta

2018-11-29Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 927-appp-780-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 780 OF 2018 Surajkaur Tarasingh Kalani ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. Ajaykumar B. Rai for the applicant.

Mr. M.G. Patil, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 29th NOVEMBER, 2018.

P.C.

1.

This is an application for modification of order dated 13th February, 2018 passed by this Court in Bail Application No. 96 of 2018.

2.

Applicant is a lady who is facing prosecution vide Sessions Case No. 399 of 2015 out of CR-I-16 of 2015 registered with Vashi Police Station under sections 392, 397, 460, 414 of Indian Penal Code read with Section 4,25 of Indian Penal Code. Since the applicant did not remain present before the trial Court, warrant was issued against her. She was taken into custody. In the aforesaid circumstances, applicant preferred bail before this Court and by order dated 13th February, 2018 bail was granted. While

Sknair 927-appp-780-18.odt releasing on bail, the applicant was directed to attend concerned Police Station on every Monday of the month between 10.00 a.m. to 1.00 p.m. and mark her presence till the conclusion of trial. Learned counsel for the applicant submits that the applicant has complied said condition till today. Therefore, learned counsel for the applicant prayed that the condition as attendance may be relaxed.

3.

Trial had already commenced. Case is pending for examination of Investigating Officer, learned advocate for the applicant submitted that the said witness has not been examined since last eight months. In the circumstances, the condition imposed vide order dated 13th February, 2018 can be modified.

ORDER

i.

Order dated 13th February, 2018 is modified to the extent that applicant shall attend the concerned Police Station once in a month on first Monday of the month between 10 a.m. to 1.00 p.m. till the conclusion of the trial.

ii.

Criminal Application stands disposed off.

( PRAKASH D. NAIK, J. )