Umesh Kumar Baveja And ANR v. The State Of Maharashtra

1 26.773.15 apl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 773 OF 2015 Umesh Kumar Baveja and another .....Applicants V/s.

The State of Maharashtra ....Respondent WITH CRIMINAL APPLICATION NO. 787 OF 2015 IN CRIMINAL APPLICATION NO. 773 OF 2015 Harsh Satpal Malhotra ....Intervener

IN THE MATTER BETWEEN

Umesh Kumar Baveja and another .....Applicants V/s.

The State of Maharashtra ....Respondent Mr. Parvez Memon i/b MZM Legal Advocate for Applicant. Mr. Mohan Rao for intervener Smt. Rutuja Ambekar APP for the State.

CORAM : A.S. GADKARI, J.

DATED : 24th OCTOBER, 2016.

PC :

1) This is an application for modification of condition imposed upon the

2 26.773.15 apl applicants by an order dated 08/07/2015 passed in M.A. No. 1833 of 2015 by the learned Sessions Judge, Greater Mumbai.

2) The record reveals that by an order dated 21/01/2015, passed by the learned Additional Sessions Judge, Greater Mumbai, while releasing the applicants on bail, applicants were directed to attend the concerned police station on every Wednesday between 10.00 a.m. to 12.00 noon until further orders. The said order was subsequently modified by an order dated 08/07/2015 passed in M.A. No. 1833 of 2015 and the applicants were directed to attend the concerned police station once in a fortnight till further orders. 3) The learned counsel for the applicants submitted that applicants are ordinary residents of Bangalore and it is very difficult for them to attend the concerned police station every fortnight. He further submitted that the police have already investigated the offence and have submitted the charge-sheet before the Court of competent jurisdiction.

4) In view of the above and the facts mentioned in the application, condition no. 2 imposed upon the applicant by an order dated 08/07/2015 in M.A. No. 1833 of 2015 is hereby further modified and the applicants are directed to attend the concerned police station on every first Monday of the

3 26.773.15 apl month between 10.00 a.m. to 03.00 p.m. till further orders. It is made clear that rest of the conditions imposed upon the applicants by an order dated 21/01/2015 are not disturbed. It is further made clear that the condition now modified shall not be further modified.

5) Application is allowed in the above terms and disposed of. 6) In view of the order passed in this application, Criminal Application No. 787 of 2015 does not survive and is disposed of accordingly. (A.S. GADKARI, J.)