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Bombay High CourtAPPP/635/2017others disposed off

Machindra Mansingh Dhawale v. The State Of Maharashtra

2017-07-28Hon'Ble Justice Revati Mohite Dere2 pages

appp.635.17.912.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 635 OF 2017 (For relaxation of conditions) IN CRIMINAL BAIL APPLICATION NO. 2587 OF 2016 Machindra Mansingh Dhawale ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Nilesh M. Wable for the Applicant Mr. S. H. Yadav, A.P.P for the Respondent-State PSI Mr. Somnath Sahebrao Waghmode from Shirur Police Station, Pune, is present CORAM : REVATI MOHITE DERE, J.

FRIDAY, 28 th JULY, 2017 P.C. :

1.

Learned Counsel for the applicant, at the outset, seeks leave to amend the prayer clause. Leave granted. Amendment to be carried out forthwith.

2.

By this application, the applicant seeks relaxation of condition No. (iii) in para 4 of the order dated 10th January, 2017. The same reads thus :

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appp.635.17.912.doc "(iii)As chargesheet is not filed, the applicant/accused shall report to the concerned police station on every Saturday between 4pm to 6pm, till filing of the chargesheet and shall cooperate with the Investigating Officer."

3.

Learned Counsel for the applicant states that till date, chargesheet has not been filed. He submits that the applicant has been attending the concerned Police Station on every Saturday between 4:00 p.m. to 6:00 p.m, from 10th July, 2017.

4.

Learned A.P.P does not dispute the fact that the applicant has been attending the concerned Police Station as directed. He also does not dispute the fact that the charge-sheet has not been filed in the present case. 5.

In the facts of the case, the application is allowed and the condition of attendance as mentioned in clause (iii) of the order dated 10th January, 2017 is relaxed. The applicant is not required to attend the concerned Police Station. Order accordingly. REVATI MOHITE DERE, J.

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