Pravinchandra Nanjibhai Gala And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.835 OF 2017 1.

Pravinchandra Nanjibhai Gala 2.

Rajesh Nanjibhai Gala 3.

Wayne Cecil D'lima 4.

Pradeep Ghisulal Rahod 5.

Pankaj Ghisulal Rathod ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.Niteen Pradhan a/w Mr.Pradeep Dube i/b M/s.Solicis Lex, for the Applicants.

Ms.Anamika Malhotra, A.P.P for the Respondent-State. Police Sub-Inspector - K.T.More, Vanrai Police Station. CORAM : REVATI MOHITE DERE, J.

DATE : 29th AUGUST, 2017 P.C. :

1.

Learned Counsel for the applicants seeks relaxation/modification/setting aside of the condition imposed in para 7 clause - 6, of the order dated 10th July, 2017, passed by learned Additional

2/4 Sessions Judge, Borivali Division, Dindoshi, in Anticipatory Bail Application No.745 of 2017. The condition of which modification is sought, reads as under:- "7. (6) They shall not leave India without prior permission of this Court." 2.

Learned Counsel for the Applicants submits that the applicants have been arrayed as accused, for an offence punishable under the Maharashtra Regional Town Planning Act (MRTP Act). He submitted that that the applicants have roots in the Society and are not likely to abscond and as such in the facts, the condition imposed by the trial Court in particular, para 7, clause - 6 of the order dated 10th July, 2017, was unwarranted. He submitted that the applicants are required to travel abroad frequently for their business and hence, the condition imposed is harsh. 3.

Learned APP states that the prosecution intends to file chargesheet in the aforesaid case, within one month, from today. She submitted that if during this period i.e. one month the applicants wish to leave India, they should inform the concerned Investigating Officer the travel details

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4.

The applicants were granted pre-arrest bail vide order dated 10th July, 2017, passed by learned Additional Sessions Judge, Borivali Division, Dindoshi, in Anticipatory Bail Application No.745 of 2017, in connection with an offence under the MRTP Act. The applicants have roots in the Society and as such the possibility of the applicants absconding is bleak.

5.

Considering the aforesaid, the application is allowed and the condition imposed in para 7, clause - 6 of the order dated 10th July, 2017, passed by learned Additional Sessions Judge, Borivali Division, Dindoshi, in Anticipatory Bail Application No.745 of 2017 is relaxed. However, for a period of one month from today, if the applicants intend to leave India, they shall hand over the travel details and itinerary to the concerned Investigating Officer, before they leave the country. Rest of the conditions imposed vide order dated 10th July, 2017, to remain as it is.

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The Application is allowed and disposed of in above terms. 7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)