Chandrakant Onkarrao Bholane v. The State Of Maharashtra

2024:BHC-AUG:22208 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CRIMINAL APPLICATION NO. 3892 OF 2024 IN ABA/1954/2023 Chandrakant Onkarrao Bholane

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Manoj D. Shinde APP for Respondents: Mrs. M. L. Sangit .....

AND CRIMINAL APPLICATION NO. 3893 OF 2024 IN ABA/1940/2023 Rajkumar Indarchand Kothari

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Manoj D. Shinde APP for Respondents: Mrs. M.L. Sangit .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 20th SEPTEMBER, 2024.

PER COURT :- 1.

By these applications, the applicants are seeking relaxation of condition in the order dated 28th March, 2024 passed by this Court (Coram : Nitin B. Suryawanshi, J.) while allowing the criminal application No. 895 of 2024.

2.

It is contention of the learned counsel for the applicants that while allowing the Bail Applications, initially this Court had imposed

-2condition on the applicants that they shall attend the concerned police station on every Sunday from 28.01.2024 onwards, between 10.00 a.m. to 11.00 a.m. and shall co-operate in the investigation. Thereafter, this Court by order dated 28th March, 2024, modified the said condition that the applicants shall attend the concerned police station on 1st and 3rd Saturday of every month, between 10:00 a.m. to 11:00 a.m. It is contention of the learned counsel for the applicants that the applicants are District Special Auditors, Class-I. Due to their profession they have to travel at various places. They are facing the difficulties to attend the police station as directed by this Court and to manage their various commitments, hence requested to relax the condition to attend the police station. The learned counsel further submitted that the investigation is almost completed. 3.

It is contention of the learned APP that the allegations levelled against the applicants are serious. Their presence is required before the Investigating Officer to know about the details in the crime. Yet charge-sheet has not been filed. Investigation is in progress, hence requested to reject the applications.

4.

I have heard both the learned counsel.

5.

It appears that since November, 2023, the applicants are

-3regularly attending the concerned police station. They have cooperated in investigation. The applicants are District Special Auditors, Class-I. Considering this fact, I pass the following order :-

O R D E R

(i) The applications are allowed.

(ii) The applicants shall attend the concerned police station as and when required by the Investigating Officer. (iii) The Investigating Officer shall inform 48 hours in advance to the applicants about their attendance before him. (iv) The bail condition is modified as above.

(SHIVKUMAR DIGE, J.) rlj/