Hemant Arjun Singh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 888 OF 2017 IN CRIMINAL APPLICATION NO. 2365 OF 2004 Mr. Hemant Arjun Singh ...

Applicant V/s.

State of Maharashtra ...

Respondent ........

Ms. Pooja Joshi I/b. Mr. Ashok Saraogi for the Applicant. Ms. P.N. Dabholkar, APP for State.

CORAM : A.M. BADAR, J.

DATE : 4TH OCTOBER, 2017.

P.C. :

1.

This is an application for modification/relaxation of condition imposed on the applicant/accused while releasing him on bail.

2.

Heard learned advocate appearing for the applicant as well as learned APP.

3.

The applicant is an accused in Crime No. 301 of 2003 registered with the Turbhe Police Station for offences punishable 1/3

under Sections 467, 468, 471, 408, 420, 406(2) read with Section 34 of the Indian Penal Code.

4.

While releasing him on bail vide order dated 30/07/2004 in Criminal Application No. 2365 of 2004, this Court had directed him to attend concerned police station on every Wednesday and Saturday between 10.00 a.m. to 11.00 a.m. until the absconders are arrested and thereafter on every Saturday between 10.00 a.m. to 11.00 a.m. until the conclusion of the trial. 5.

This order, it appears was modified vide order dated 15/12/2008 and ultimately, by an order dated 11/04/2011. By order dated 11/04/2011, the applicant came to be directed to attend the concerned police station on every first Sunday of each month between 10.00 a.m. to 11.00 a.m. till the conclusion of the trial. 6.

Perusal of the order dated 30/07/2004 prima facie indicates that the charge-sheet is filed. Even otherwise, the offence was registered in the year 2003. Now there is no point in directing the applicant to attend the concerned police station on first Sunday of every month between 10.00 a.m. to 11.00 a.m. till the conclusion of the trial, particularly, in the light of observation in the order 2/3

granting bail to him. It is observed therein that the only role allegedly played by the applicant is that he aided and abated his brother Shailendra in commission of the alleged crime. It is further observed that R.V.S Global Company is safe in the hands of the complainant.

7.

In this view of the matter the application is partly allowed with observation that the condition of attending the concerned police station on first Sunday of every month between 10.00 a.m. to 11.00 a.m. till the conclusion of the trial is relaxed and the applicant is directed to attend the concerned police station as and when intimated by the concerned Police Officer by written intimation.

8.

The application stands disposed of accordingly. (A.M. BADAR, J.) 3/3