Gurbax Singh v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.603 OF 2017 IN CRIMINAL BAIL APPLICATION NO.1341 OF 2016 Gurbax Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Saajan Rathod i/b Mr.R.B.Mokashi, for the Applicant. Ms.P.P.Shinde, A.P.P for the Respondent-State. PSI - M.M.Kolhatkar, Nerul Police Station.

CORAM : REVATI MOHITE DERE, J.

DATE : 29th SEPTEMBER, 2017 P.C. :

1.

At the outset, learned counsel for the applicant seeks leave to amend the application. Leave granted. Amendment to be carried out forthwith.

2.

Heard learned Counsel for the parties.

3.

By this application, the Applicant seeks

2/4 modification/relaxation of clause (ii) para 6, imposed by this Court (Coram:A.S.Gadkari, J.) vide order dated 1st September, 2016, passed in Criminal Bail Application No.1341 of 2016.

4.

The condition of which modification/relaxation is sought, reads thus:- "6.

....

(i) ...

(ii) After his release from jail, the applicant shall not enter the jurisdiction of Navi Mumbai Police Commissioner and shall keep himself away from the said jurisdiction except for marking his presence at Nerul Police Station, on the stipulated dates mentioned herein below."

5.

Learned Counsel for the applicant submits that the applicant was enlarged on bail by this Court (Coram:A.S.Gadkari, J.) vide order dated 1st September, 2016, passed in Criminal Bail Application No.1341 of 2016, in connection with C.R.No.179 of 2016, registered with the Nerul

3/4 Police Station, Thane, for the alleged offences punishable under Sections 498A, 376, 324, 323, 406, 504 r/w 34 of the Indian Penal Code. He submits that while enlarging the applicant on bail, this Court was pleased to impose condition no.(ii) in para 6 of the said order. 6.

It appears that the complainant is not residing within the jurisdiction of Navi Mumbai Police Commissioner or Nerul Police Station. 7.

Learned APP states on instructions that the complainant has moved to Parel and is residing with her mother. Learned APP has no objection if the said condition is modified/relaxed. 8.

Considering the aforesaid, the application is allowed and the condition set out in clause (ii) of para 6, imposed by this Court (Coram:A.S.Gadkari, J.) vide order dated 1st September, 2016, passed in Criminal Bail Application No.1341 of 2016, stands relaxed/modified. 9.

Rest of the conditions imposed vide order dated 1st September, 2016, to remain as it is.

4/4 10.

The Application is allowed and disposed of in above terms. 11.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)