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Bombay High CourtIA/3738/2023allowed

Ashish Vijay Shukla v. State Of Maharashtra

2024-04-26Hon'Ble Shri Justice S. M. Modak3 pages

PALLAVI MAHENDRA WARGAONKAR PALLAVI MAHENDRA WARGAONKAR Date: 2024.05.05 01:03:36 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3738 OF 2023 IN BAIL APPLICATION NO.3561 OF 2022 Ashish Vijay Shukla ...Applicant vs.

The State of Maharashtra

...Respondent

***** Mr. Subhash Jha a/w Ms. Neha Balani i/b. Shailendra Singh:

Advocate for Applicant.

Mr. H.J. Dedhia:

Advocate for State.

***** CORAM : S. M. MODAK, J.

DATE : 26th APRIL 2024 P. C. :- 1.

Heard learned Advocate Shri Jha for the Applicant along with his colleague and learned APP.

2.

While granting bail to the Applicant on 4th September 2023 this Court imposed certain conditions. The Applicant is practising Advocate and condition No.(iv) and (vii) are coming in his way of practicing law and that is why, this application for relaxation of those conditions.

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3.

Learned APP opposed the prayer on the ground of apprehension on two aspects:- (i) threat to witnesses.

(ii) establishing contacts with four accused persons from Uttar Pradesh who are on bail.

4.

Additionally, he submitted that Applicant has not complied with the direction Nos.(viii) and (ix).

5.

Reply filed by the Police is taken on record. 6.

As against this, learned Advocate submitted that his client has given attendance to Kherwadi Police Station. Copy of two of such attendance is produced. Let Applicant to continue to give attendance. 7.

I am inclined to relax condition no.(iv) and (vii). Even Mr. Jha invited my attention to the bail granted to co-accused by this Court in Bail Application No.34 of 2023 wherein no such conditions are there. With certain directions both these conditions can be relaxed:- a.

Condition no.(iv) about not leaving the territorial limits of State of Maharashtra.

b.

Condition no.(vii) not to enter Mira Bhayander Vasai Virar Commissionerate area relaxed subject to 2/3

following modifications:- (i) Applicant is directed to give intimation to Virar Police Station about his possible visit outside Maharashtra for any reason.

(ii) Applicant not to enter territorial limits of Virar Police Station.

8.

Interim Application is disposed of in above terms. [S. M. MODAK, J.] 3/3