Shantaram S. Shetty v. State Of Maharashtra
1 505-APPLN-305-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 305 OF 2022 Shantaram S. Shetty ...Applicant
Versus
State Of Maharashtra
...Respondent
....
Mr. Kushal Mor a/w Mr. Ranjit Shetty & Ms. Swati Chandan i/by ANB Legal, Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent - State. by DNYANESHWAR ASHOK ETHAPE Date:
2022.10.20 15:11:55 +0530 ....
DNYANESHWAR ASHOK ETHAPE CORAM : PRAKASH D. NAIK, J.
DATE : 18th OCTOBER, 2022 PER COURT:
1.
Not on board. Taken on board.
2.
The applicant is seeking modifcation of order dated 13.05.2022 passed by learned Additional Sessions Judge, Pune in Criminal Anticipatory Bail Application No. 1494 of 2022. While allowing the said application and directing the applicant to attend the concerned police station on every Monday between 11:00 am to 02:00 pm till fling of the charge-sheet.
3.
It is submitted that the applicant is 80 years old person. He has complied the order of attendance. The FIR was registered after a period of 12 years from the date of
2 505-APPLN-305-2022.doc alleged transaction. The applicant had preferred an application for modifcation of said condition before the Sessions Court which has been rejected vide order dated 12.09.2022.
4.
Learned APP submitted that the condition of reporting was imposed by considering the factual aspects of the matter.
5.
Order dated 13.05.2022 indicate that the transactions is of 2010-2011 it was the contract between informant and one Rajesh Tanwani. Prima facie, it appears that there is delay in lodging the report by the informant and considering the nature of allegations, age of the applicant, it appears that the investigation is based on documents and custodial interrogation is not required.
6.
Considering the aforesaid factual aspects condition of reporting the police station can be dispensed with. In any case the condition of attendance was imposed till fling of the charge-sheet but it appears that charge-sheet has not been fled. Hence, I pass the order:-
3 505-APPLN-305-2022.doc
ORDER
(i) Order dated 13.05.2022 passed by Additional Sessions Judge, Pune in Criminal Anticipatory Bail Application No. 1494 of 2022 stands modifed to the extent that the condition of reporting the police station is dispensed with. (ii) The applicant shall appear before the Investigating OfÏcer as and when called for till fling of charge-sheet. (iii) Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)