Willish Mukesh Maru v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.404 OF 2018 Willish Mukesh Maru, Age 38 years, R/o.B-406, Raj Residency-2, Mahavir Nagar, Kandivali(W), Mumbai-400 067.

Applicant versus The State of Maharashtra Respondent Ms.Pooja Joshi I/by Ashok M. Saraogi for applicant. Ms.A.A.Takalkar, APP, for State.

Mr.Kadam, API, Dr.D.B.Marg Police Station, present. CORAM :

PRAKASH D. NAIK, J.

DATE : 5th September 2018 PC :

1.

This is an application for relaxation of the condition imposed by the Sessions Court while granting anticipatory bail to the applicant vide order dated 25th January 2018. The applicant was directed to attend D.B.Marg Police Station on every Monday and Friday between 11 a.m. and 2 p.m.

2.

It is submitted that the applicant has attended the said police station as directed by the learned Sessions Judge. The applicant preferred an application for relaxation of condition before the Sessions Court, which was rejected on the ground that investigation is still in progress.

3.

Learned APP submitted that as per clause (g) of the operative part of order dated 25th January 2018, it was directed that in the by Manish S Thatte Date: 2018.09.07 15:20:02 +0530 Manish S Thatte

2 of 2 920.APPLN.404.2018.doc event of a case of likely discovery u/s 27 of the Evidence Act, the applicant approaches to give information to the police, be deemed to have surrendered to police for the purpose of disclosure and discovery. It is submitted by learned APP that the applicant is a person who has received the goods and till now he has not approached the police for making any statement relating to recovery or discovery. It is pertinent to note that the applicant has been granted anticipatory bail by the Sessions Court vide order dated 25th January 2018. The applicant has attended the police station since January 2018. The co-accused was arrested and charge sheet has been filed against him. However, the charge sheet is yet to be filed against the applicant.

4.

In the circumstances, the condition can be modified to the extent that the applicant is permitted to report the investigating officer of D.B.Marg Police Station once in a month on first Saturday between 11 am and 2 pm till filing of charge sheet. Criminal Application No.404 of 2018 is allowed in above terms and the order dated 25th January 2018 of Sessions Judge stands modified to the above extent.

(PRAKASH D. NAIK, J.) MST