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Bombay High CourtAPPP/845/2015modified

Akhilesh Harshal Pandey v. The State Of Maharashtra

2016-01-20Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2 907-APPP-845-2015 Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO.845 of 2015.

IN BAIL APPLN.No. 2350 OF 2014 Akhilesh Harshal Pandey Vs. The State Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Anup Lahotii/by V.V. Tare Patil for the applicant. Smt. A.T. Javeri, APP for the Respondent-State. Mr S.K. Shinde a/with Y.M. Nakhwa for CBI CORAM : A.S.GADKARI, J.

DATE : 20th January, 2016 P.C.

1) This is an application for modification of condition imposed upon the applicant while releasing him on bail. By an order dated 14.1.2015 this Court had directed the applicant to report to the office of CBI on every working day between 11:00 a.m. to 2:00 p.m. except on the dates on which the applicant is required to attend the trial Court. The said condition was subsequently modified by an order dated 7.5.2015 and the applicant is directed to attend the office of CBI on every Saturday between 11:00 a.m. to 1:00 p.m., except on the days on which the applicant is required to attend the trial Court. The learned counsel for the applicant submitted that the applicant is regularly following and/or complying with the

2 /2 907-APPP-845-2015 conditions imposed upon him by this Court. He further submitted that it is very difficult for his client to attend the office of CBI on every Saturday and, therefore, the said condition be modified. 2) The learned APP appearing for the CBI pointed out the submission made by the CBI which is recorded in para 3 of order dated 7.5.2015, wherein it is stated that the applicant was absconding prior to his arrest.

3) However, for the reasons stated in the application and in the interest of justice, I am not inclined to modify the condition imposed upon the applicant by an order dated 7.5.2015. 4) Hence, the following order :

ORDER.

(a) The condition requiring the applicant to attend the office of CBI-BSFC on every Saturday between 11:00 a.m. to 1:00 p.m. is hereby modified and the applicant shall now attend the office of CBI, BSFC, Mumbai on every first and third Saturday of the month between 11:00 a.m. to 1:00 p.m. except on the dates on which the applicant is required to attend the trial Court; (b) The rest of the conditions imposed upon the applicant shall continue to remain the same and are not disturbed; (c) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)