Deepak @ Fulchand Vishwakarma And ANR v. The State Of Maharashtra

ssm 1 39-appp1000.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1000 OF 2016 IN CRIMINAL APPLICATION NO. 1063 OF 2015 Deepak alias Suraj Fulchand Vishwakarma & Anr.

.....Applicants Vs.

The State of Maharashtra ....Respondent.

Prosper D'Souza for the Applicant.

Ms. Rutuja Ambekar, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 10th JULY, 2018.

P.C.:- This is an Application for further modification of the Order dated 8th January, 2016 passed in Criminal Application No. 1063 of 2015.

By the said Order, the original condition No.2 imposed upon the Applicants was modified and the Applicants were directed to attend the Investigating Officer on every first Monday of the month between 5.00 p.m. to 7.00 p.m. till the conclusion of the trial. The learned counsel appearing for the Applicants, submitted that since January, 2016 the Applicants are sincerely 1/2

ssm 2 39-appp1000.16.doc complying with the said condition and till date have not committed any default. He submitted that, the trial of the present case has already commenced. He further submitted that, the other accused persons in the present crime have not been imposed with the said condition and therefore, the condition of attendance may be waived. In view of above and for the reasons stated in the Application, the condition to attend the Investigating Officer is hereinafter waived.

Application is accordingly allowed.

(A.S. GADKARI, J.) 2/2