Prashant Rameshrao Dhumal v. The State Of Maharashtra And Another

2025:BHC-AUG:4308 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 382 OF 2025 IN BAIL APPLICATION NO. 346 OF 2023 Shri Prashant s/o Rameshrao Dhumal Age : 50 years, Occu: Business, R/o: Near Sharad Hotel, N-11, A-43/4, Sudarshan Nagar, HUDCO, CIDCO Colony, Chhatrapati Sambhajinagar.

... Applicant

Versus

1.

The State of Maharashtra Through Police Inspector, MIDCO, CIDCO Police Station, Chhatrapati Sambhajinagar, Tq. & Dist. Chh. Sambhajinagar.

2.

The Superintendent of Police/ Commissioner of Police, Commissioner Office, Mill Corner, Chh. Sambhajinagar, District Chh. Sambhajinagar.

... Respondent .....

Mr. Yogesh B. Bolkar, Advocate for the Applicant. Mr. V. M. Jaware, APP for the Respondent-State. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

14.02.2025 ORDER :

1.

Vide present application, prayers are raised for relaxation of condition imposed vide granting bail in Bail Application No. 346 of 2023 dated 21.04.2023.

-22.

Learned counsel submitted that after registration of crime no. 184 of 2019 at M.I.D.C. CIDCO Police Station and arrest in consequence to it, applicant was required to prefer Bail Application No. 346 of 2023 and after hearing both sides, this Court was pleased to allow the same by imposing conditions. Learned counsel submits that now charge sheet is filed. Therefore, condition of attending police station imposed by way of clause (e), i.e. attending police station on every Monday till conclusion of trial is required to be relaxed. In stead, learned counsel submits that, he be allowed to attend police station as and when required on prior notice, which condition is already imposed by virtue of clause (b). Hence present application.

3.

Learned APP opposed on the ground that, conditional order has been passed and there is apprehension of misuse of liberty by way of above relaxation.

4.

Heard. Perused the order passed in Bail Application No. 346 of 2023 dated 21.04.2023. This Court has imposed conditions while allowing Bail Application. It seems that, by virtue of clause (b), there were directions that applicant shall attend police station as and when

-3called by Investigating Officer on prior notice till conclusion of trial. At the same time, by virtue of clause (e), directions are for attending police station on every Monday between 5.00 p.m. to 7.00 p.m. till conclusion of trial.

5.

Now, charge sheet is undisputedly filed. Therefore, condition of attending police station every Monday is required to be relaxed by retaining the condition at clause (b) regarding attending police station on being called on prior notice. Hence, following order :

ORDER

I.

The application is partly allowed.

II.

The condition at clause (e) of the operative part of the order dated 21.04.2023 stands relaxed, however, condition at clause (b) is kept intact.

[ABHAY S. WAGHWASE, J.] vre