Ashwini W/O Bhavesh Parlikar And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1756 OF 2016 1.

Ashwini w/o Bhavesh Parlikar, Age : 35 years, Occu. Service, R/o Kalva Thane, Mumbai 2.

Bhavesh s/o Satish Parlikar, Age : 40 years, Occu. Service, R/o Kalva Thane, Mumbai APPLICANTS

VERSUS

The State of Maharashtra, through the Police Inspector, Nanalpeth Police Station, Parbhani, Tq. & Dist. Parbhani RESPONDENT ---- Mr. Sujeet D. Joshi, Advocate for the applicants Mr. A.S. Shinde, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 12/04/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicants who were released on anticipatory bail by the learned Additional Sessions Judge, Parbhani, vide order dated 06.01.2016, passed in Criminal Misc. Application No. 2/2016, in Crime No. 236/2015, registered with Nanalpeth Police Station,

District Parbhani, registered for the offences punishable under section 498A, 313, 420, 323, 504 and 506 read with section 34 of the I.P. Code, are praying for relaxation of the condition which was imposed vide clause No. 3 of the operative part of the aforementioned order that the applicants shall attend the concerned police station on each Sunday between 12.00 noon to 5.00 p.m. till filing of the chargesheet.

3.

As detailed supra, the said order was passed on 6th January, 2016. The chargesheet is not yet filed. Therefore, the applicants filed an application before the learned Sessions Judge for relaxation of the condition. However, the learned Sessions Judge rejected the said application on 5th February, 2016, on the ground that releasing the applicants on anticipatory bail had a pre-condition of attendance to the police station. 4.

Considering the period elapsed from the date of the release of the applicants on anticipatory bail and finding that the purpose of attendance of the applicants to have investigation/interrogation is now fulfilled, the condition regarding attendance by the applicants to the concerned police station on each Sunday between

12.00 noon to 5.00 p.m. till filing of the chargesheet, imposed by the learned Adhoc Additional Sessions Judge, Parbhani, vide order dated6th January, 2016, is hereby revoked.

.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1756-2016