Bharat Chandrakant Agavane v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 296 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 2403 OF 2019 Bharat Chandrakant Agavane .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr. Vivek Gore i/b Sujit Padarat for the applicant. Mr. Ajay Patil, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 11th MARCH, 2022 P.C:- By the present application, the applicant seek modification of the condition in the order directing his release on bail.

The applicant approached this Court apprehending his arrest in C.R.No. 285/2019 registered with Dadar police station, and on 5/11/2019, he was admitted to interim relief. The order directed him to abide by all the conditions stipulated in the order dated 17/10/2019 passed by the Sessions Judge in ABA No. 1849/2019.

The said order passed by the Sessions Judge imposes a condition upon the applicant to attend the police station on every

2/3 27 IA 296-22.doc Sunday between 11.00 am to 2.00 p.m. This condition was directed to be adhered to, while the applicant was admitted to adinterim protection by this Court by it's order dated 5/11/2019. On 4/9/2021, the interim relief in favour of the applicant was confirmed, again subject to the terms and conditions. In addition, the applicant was directed to attend the proceedings before the Addl. Chief Metropolitan Magistrate, Mumbai.

The difficulty faced by the applicant today is he is attending the proceedings before the learned Court but in view of the order passed on 4/9/2021, he is also required to attend the police station on every Sunday, since it was so directed by the Addl. Sessions Judge on 17/10/2019.

The concern of the applicant is justiceable since now the charge-sheet is filed and he is reporting to the concerned Court, the order directing his reporting to the police station on every Sunday was passed at a very nascent stage when he was admitted to an ad-interim relief by the Sessions Court, but subsequently his ABA was rejected. This Court maintained the said order, while allowing his application on 4/9/2021 and continued with the said condition of attendance. However, down the line, since the investigation is complete, the charge-sheet is

3/3 27 IA 296-22.doc filed, there is no need for his attendance to the police station. The condition of attendance, therefore, stand deleted from the order dated 4/9/2021.

Application is allowed in the aforesaid terms. SMT. BHARATI DANGRE, J