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Bombay High CourtIA/2869/2022disposed off

Devram Gulab Ghogare v. State Of Maharashtra

2022-09-05Hon'Ble Shri Justice M. S. Karnik2 pages

21. ia 2869-22.doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.09.05 18:06:04 +0530 DIKSHA DINESH RANE INTERIM APPLICATION NO. 2869 OF 2022 IN BAIL APPLICATION NO. 244 OF 2020 Devram Gulab Goghare ..Applicant vs.

State of Maharashtra ..Respondent ------------ Ms. Apeksha Vora for the applicant.

Mr. R. M. Pethe, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 5, 2022.

P.C. :

1.

This is an application for modification of the order dated February 26, 2022 passed by this Court whereby condition was imposed while releasing the applicant on bail that he shall report to the Umbraj Police Station every Monday between 11.00 a.m. and 1.00 p.m. It is not disputed that the applicant has abided by the order for attendance.

2.

A request is made on behalf of the applicant that the distance between the place where he presently resides in Ahmednagar and Umbraj Police Station is almost 300 kms. Learned counsel for the applicant submitted that the applicant be permitted to report to the nearest police station of his place of residence in Ahmednagar i.e.

21. ia 2869-22.doc Shrigonda Police Station. Learned counsel, though, initially submitted that the condition is onerous and modified in its entirety, later on submitted that a reasonable condition be imposed for the purpose of attendance during the pendency of the trial.

3.

Learned APP opposed the request for relaxation of the condition for attendance.

4.

In my view, considering that the applicant regularly attended the Umbraj Police Station from February 26, 2022, the order could be suitably modified in view of the request made by the applicant. Accordingly, the applicant now to attend the Shrigonda Police Station, Ahmednagar, between 11 a.m. and 1.00 p.m., twice a month i.e. on 1st and 15th of the concerned month.

5.

The applicant to report to the Umbraj Police Station on the 3rd day of every alternate month starting October 2022. 6.

Except for condition (iv) of the order dated February 26, 2022 which is modified in terms of what is stated above, rest of the order remains intact.

7.

The application stands disposed of.

(M.S.KARNIK, J.)