Umesh Sopan Sonawane v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.984 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.2120 OF 2018 Umesh Sopan Sonawane .... Applicant versus The State of Maharashtra .... Respondent • Mr. Prashant S. Hagare, Advocate for the Applicant. • Mr. S. H. Yadav, APP for the State/Respondent. CORAM : SARANG V. KOTWAL, J.

DATE : 19th JULY, 2019 P.C. :

1.

Leave to amend. Amendment to be carried out forthwith.

2.

The applicant is seeking modification of the order dated 30/1/2019 passed by this Court (Coram: Nitin W. Sambre, J.) in ABA No.2120/2018. The applicant was granted anticipatory bail in connection with C.R. No.513/2018 registered at Baramati City Police Station. The third clause i.e. clause '(C)' of the Mamta Kale

2 / 3 operative part of the order reads thus.

"(C) Till framing of charge, the Applicant shall live outside the jurisdiction of the Police Station." 3.

The present application is filed for modification of this clause because the applicant needs to attend two cases pending against him and one case in which he is a witness. The applicant has given details of his cases in the memo of this application. They are as follows.

(i) Sessions Case No.123/2015 pending before Additional Sessions Judge, Baramati.

(ii) Sessions Case No.86/2016 pending before Additional Sessions Judge, Baramati.

In both these cases, applicant is one of the accused. (iii) Sessions Case No.19/2013 pending before the Additional Sessions Judge, Baramati where the applicant is one of the witnesses and witness summons is issued in his name.

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Thus, it is not disputed that the applicant is required to attend these court cases. Therefore, the operative part of the order dated 30/1/2019 passed in ABA No.2120/2018 needs to be modified. Hence, the following order.

ORDER

1.

Till framing of the charge in the case arising out of C.R. No.513/2018, registered at Baramati City Police Station, the applicant shall live outside the jurisdiction of the Police Station except for attending the Sessions Case No.19/2013, Sessions Case No. 86/2016 and Sessions Case No.123/2015, pending before the Additional Sessions Judge, Baramati, whenever his presence is required in those cases. 2.

The application is disposed of in the aforesaid terms.

(SARANG V. KOTWAL, J.)