Bombay High CourtIA/491/2019disposed off

Rashes Kiritkumar Chokshi v. The State Of Maharashtra

2022-02-18Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 35 ia 491 2019(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.491 OF 2019 IN CRIMINAL BAIL APPLICATION NO.1065 OF 2018 Rashesh Kiritkumar Chokshi .. Applicant/Appellant

Versus

State of Maharashtra .. Respondent ......

Mr.Swapnil Wagh, Advocate for the Applicant/Appellant. Mr.S.H. Yadav, APP for the Respondent - State. API Yogesh Kakad, UNIT - I Thane City, present. ......

CORAM :

PRAKASH D. NAIK, J.

DATED :

FEBRUARY 18, 2022.

P.C. :

This is an application for relaxation of condition imposed vide order dated 4th May, 2018, passed by this Court while granting bail to the applicant vide Bail Application No.1065 of 2018. Learned counsel for the applicant submitted that the applicant was granted bail by order dated 4th May, 2018, and, since Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.03.02 16:01:43 +0530 then he has been complying the condition imposed in the bail order. RAJESHRI PRAKASH AHER The applicant had attended the concerned police station, as directed by this Court since 2018.

This order is corrected pursuant to Speaking to the Minutes order dated 1st March, 2022.

rpa 2/2 35 ia 491 2019(2).doc Learned APP submitted that the applicant is resident of Ahmedabad. Complete relaxation of condition may not be granted to the applicant. During the pandemic, the applicant had not attended the police station. Learned counsel for the applicant relied upon the order dated 23rd April, 2018, passed by this Court in Criminal Bail Application No.988 of 2018, and, contended that similar condition was not imposed while granting bail to the said accused. It is noted that the applicant has been attending the police station since 2018. However, the applicant is a resident of Ahamadabad. The order can be modifed and the applicant can be directed to attend the concerned police station once in six months on frst Sunday of the month.

Hence, the order dated 4th May, 2018, is modifed with directions to attend the concerned police station once in six months on frst Sunday of the month, till further orders. Interim Application No.491 of 2019, stands disposed of accordingly.

(PRAKASH D. NAIK, J.) This order is corrected pursuant to Speaking to the Minutes order dated 1st March, 2022.