Ashish S/O. Krishna Avtar Rana v. The State Of Mahara
1 /3 37-APPLN-427-2014.doc Ladda FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.427/2014 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms Sneha Singh i/by A.M. Saraogi for the applicant. Ms S. S. Kaushik, APP for the Respondent-State. Baliram A.Sutar, API, D.B. Marg P.S. present. CORAM : A.S.GADKARI, J.
DATE : 3rd March, 2016 P.C.
1) This is an application for modification of the relaxation of the condition imposed upon the applicant by an order dated 28.6.2013 by the trial Court.
2) The applicant was directed to be released on bail by order dated 21.1.2013 by the Metropolitan Magistrate, 18th Court, Girgaon Mumbai. The applicant was directed to attend DB Marg Police Station on every Monday between 11:00 a.m. to 1:00 p.m. till 18.2.2013. The applicant thereafter moved an application for relaxation of the condition of PR bond and surety bond of Rs. 1 lakh in the Court of Sessions for Greater Mumbai by filing Misc.Application No. 1224/2013. The learned Judge of Sessions
2 /3 37-APPLN-427-2014.doc Court while allowing the said application, directed the applicant to furnish cash surety instead of PR bond and solvent surety bond and directed the applicant to attend the concerned police station on Sunday once in a month between 10.00 a.m. to 1.00 p.m. The applicant feeling aggrieved by imposition of the said condition filed Criminal Application No. 550/2013 in this Court for relaxation and/or modification of the said condition for attendance. This Court by an order dated 14.7.2014 disposed of the said application by observing that the applicant did not attend the concerned police station since September, 2013 and, therefore, this Court expressed that it was not inclined to entertain the said application. However, liberty was granted to the applicant to seek relaxation of conditions imposed upon him after he resumes his attendance at the said police station.
3) In pursuance of the liberty granted by this Court by an order dated 14.7.2014 the present application is filed. The learned counsel appearing for the applicant submitted that after 14.7.2014 her client is regularly attending the concerned police station, except on one or two occasions.
4) The learned APP, on instructions, submitted that the applicant has not complied with the directions issued by the learned Additional Sessions Judge by its order dated 28.6.2013. That he is not attending the police station on Sunday of every month and has marked his presency only when the Court dates are scheduled. In view of the same, it appears that the applicant has not complied with
3 /3 37-APPLN-427-2014.doc the condition imposed upon him while releasing him on bail. In view of the same, I find no merits in the present application. Application is accordingly dismissed. The applicant is granted liberty to file a fresh application after one year from today, if the applicant in the meantime complies with the condition imposed by the learned Sessions Court by its order dated 28.6.2013 regularly. (A.S.GADKARI, J.)