Pandurang Murlidhar Devre And Others v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CRIMINAL APPLICATION NO.131 OF 2023 IN APEAL/425/2022 WITH APPLN/132/2023 IN APEAL/426/2022 PANDURANG MURLIDHAR DEVRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. U. A. Sayyad, Advocate h/f Mr. A. S. More, Advocate for the appellant Mrs. D. S. Jape, APP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE: 21st FEBRUARY, 2023 P. C.

1.

These applications are filed for relaxation of condition that was imposed by this court while deciding Criminal Appeal Nos. 425 of 2022 & 426/2022. This court by order dated 17-08-2022 had put the condition while allowing their appeals which reads as under:

(a) The appellants in both the appeals shall report their attendance once in a week at Belwandi Police Station i.e. on Tuesday between 10.00 am to 11.00 am till completion of the investigation.

2.

The applicants'

only submission is that this clause (a)

(2) of the order dated 17-08-2022 be modified /relaxed. 3.

Learned APP submits that offence has taken place in April, 2022. This order was passed on 17-08-2022. Thus, now from the date of passing of the order it is more than five months. Learned APP opposes the applications stating that while imposing the condition the court wanted to ensure that the appellants do not jump the bail and are available for the trial and in that view he submits that the applications deserve to be dismissed.

4.

Till today they have attended the concerned police station on every week. No purpose would be served by keeping the said condition, as now the charge-sheet is already filed. 5.

Considering the above submission, this court finds that justice can be met even by directing the applicants to attend the concerned police station once in a month instead of attending the police station in every week. Hence, the following order:-

ORDER

a] The applications stand allowed.

(3) b] Condition (a) of the order dated 17-08-2022 be modified as below:- "The appellants in both the appeals shall report their attendance once in a month at Belwandi Police Station i.e. on first Tuesday of every month between 10.00 am to 11.00 am till completion of the investigation."

[KISHORE C. SANT, J.] VishalK/criapln131.23