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Bombay High CourtAPPP/628/2015modified

Suraj Aditya Pancholi v. The State Of Maharashtra

2015-10-30Hon'Ble Justice Revati Mohite Dere4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.628 OF 2015 IN BAIL APPLICATION NO.992 OF 2013 Suraj Aditya Pancholi .Applicant v/s.

The State of Maharashtra .Respondent Mr.N.S.Mundargi i/b. Ms Shweta Sangtani, Advocate, for the Applicant Mrs.Rutuja Ambekar, APP, for the Respondent - State Mr.Y.M.Nakhwa a/w.Mr.S.K.Shinde, Spl.P.P., for the CBI

CORAM

:

REVATI MOHITE DERE, J.

DATE :

30.10.2015 P.C.

.

Heard learned counsel for the applicant and the learned APP for the respondent - State. 2.

By this application, the applicant seeks modification/relaxation of the condition imposed by this Court (CORAM : SMT.SADHANA S.JADHAV, J.) vide order dated 01.07.2013. The

condition of which modification/relaxation is sought reads thus :- "(iii) Upon being released, the applicant shall surrender his Passport to the Investigating Officer. The applicant shall not leave Mumbai without prior permission of the Investigating Officer."

3.

Learned counsel for the applicant states that after the applicant was enlarged on bail on 01.07.2013, investigation in the said case was transferred from the Juhu Police Station, Mumbai to the Special Crime Branch, Belapur, Navi Mumbai. He submits that when the said condition was imposed, the investigating authority was Juhu Police Station, Mumbai. The only request/modification is that the applicant's passport be handed over by the investigating officer of the Juhu Police Station, Mumbai to the investigating officer of the Special Crime Branch, Belapur, Navi Mumbai, who is now investigating the said case. He also

submits that in view of the aforesaid, the applicant be now directed to seek prior permission of the investigating officer, Special Crime Branch, Belapur, Navi Mumbai before leaving Mumbai, instead of the investigating officer of the Juhu Police Station, Mumbai, as the case is now being investigated by the Special Crime Branch, Belapur, Navi Mumbai.

4.

Considering that the aforesaid, the condition is modified and the applicant shall, now, not leave Mumbai without prior permission of the Special Crime Branch, Belapur, Navi Mumbai. The investigating officer of the Juhu Police Station, Mumbai shall handover the passport to the investigating officer, Special Crime Branch, Belapur, Navi Mumbai, within one week, from the date of receipt of this order. The applicant shall henceforth, seek prior permission of the investigating officer of the

Special Crime Branch, Belapur, Navi Mumbai and not of the investigating officer, Juhu Police Station, Mumbai.

5.

Needless to state, that the applicant is at liberty to file an application seeking modification/relaxation of clause (iii) imposed vide order dated 01.07.2013.

6.

The Application stands disposed of.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)