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Bombay High CourtIA/926/2019allowed

Martin Anthonyswami Durairaj v. The State Of Maharashtra

2021-03-19Hon'Ble Justice Revati Mohite Dere2 pages

Digitally signed by Shagufta Q.

Pathan Date:

2021.03.22 12:31:52 +0530 Shagufta Q.

Pathan 5-IA-926-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 926 OF 2019 IN CRIMINAL BAIL APPLICATION NO. 1484 OF 2017 Martin Anthoniswami Durairaj ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Mateen A. R. Shaikh for the Applicant Mr. S. V. Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 19 th MARCH 2021 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks relaxation/modification of clause (ii) of the order dated 29th August 2017 passed in Bail Application No. 1484/2017, inasmuch as, it directs the applicant to attend the concerned police station on the first Monday of every month between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial, which was subsequently modified vide order dated 31st August 2018 and the applicant was permitted to attend the police station once in two months.

SQ Pathan 1/2

5-IA-926-2019.doc Perused the papers. It is not in dispute that the applicant has attended the concerned police station as directed vide orders dated 29th August 2017 and 31st August 2018 passed by this Court i.e. initially once a month and thereafter twice a month. It is also not in dispute that the trial of the applicant has commenced and that till date, two witnesses have been examined. Learned counsel for the applicant submits that the applicant will attend the trial Court on the dates given by the trial Court, unless exempted. Statement accepted.

In view of the aforesaid, the said condition directing attendance of the applicant to the concerned police station is relaxed. However, the applicant to attend the trial Court on the dates given by the trial Court, unless exempted.

Rest of the conditions imposed vide orders dated 29th August 2017 and 31st August 2018 to remain as it is. Application is disposed of accordingly.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

SQ Pathan 2/2