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Bombay High CourtAPPLN/284/2023application allowed

Sushil Jainarayan Karwa And Others v. The Central Bureau Of Investigation Through Police Station CBI, Acb

2023-04-11Hon'Ble Shri Justice R. G. Avachat2 pages

26-Cri. Appln. No.284.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.284 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.1172 OF 2022 Sushil s/o. Jainarayan Karwa and ors.

..Applicants Vs.

The Central Bureau of Investigation ..Respondent ---- Mr.Rajendrraa Deshmukkh, Senior Advocate i/b. Mr.Jay Veer and Mr.Pratik Bhosale, Advocate for applicants Mr.A.J.Talhar, DSGI for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 11, 2023 ORDER :- This is an application for relaxation of condition to attend the Police Station at Pune, on every Sunday, till conclusion of the trial. This condition was imposed way back on 05.12.2022. It appears that the applicant has scrupulously followed the condition of attendance. 2.

It is informed that charge sheet has now been filed in the Court at Jalna. Two of the applicants are the residents of Jalna, while third one hails from Pune.

26-Cri. Appln. No.284.2023 3.

Mr.Talhar, learned Dy. Solicitor General of India (D.S.G.I.), apprehends that the applicants may abscond, i.e. they may leave India. The record indicates that the applicants have surrendered their Passports, pursuant to the condition imposed while granting them bail. As such, said apprehension is misplaced. Learned D.S.G.I. further submits that instead of recalling the condition, the applicant may be directed to attend the concerned police station once a month.

For the sake of submission the said condition cannot be imposed, unless it is support by any sound reason. 5.

Since the charge has been filed and the applicants have complied with the directions of attendance at the concerned police station on every Sunday and there is no other reason made out by the respondent - U.O.I. for continuing the said condition till conclusion of the trial, this Court is inclined to allow the application. The application is allowed in terms of prayer clause (B). [R.G. AVACHAT, J.] KBP