Ramankumar Darshankumar v. The State Of Maharashtra
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3807 OF 2023 IN BA/295/2022 RAMANKUMAR DARSHANKUMAR
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. N. L. Chaudhari APP for Respondents: Mrs. P.V. Diggikar.
CORAM : S.G. CHAPALGAONKAR, J.
DATE : 8TH NOVEMBER, 2023 ORDER :- 1.
By this application, the applicant seeks relaxation of condition imposed while granting bail in Crime No. 111 of 2020 registered with Police station, Dhule for the offence punishable under Sections 2.
Mr. Chaudhari, learned advocate for the applicant would submit that by order dated 1.4.2022, the applicant has been enlarged on bail by putting certain conditions. The condition No. (ix) reads as under :- "(ix) Applicant shall attend the concerned police station twice in a week i.e. on every Wednesday and Sunday between 10.00 a.m. and 4.00 p.m. till the conclusion of the trial." 4.
He would submit that the aforesaid condition has been partially relaxed by order of this court dated 6th October, 2022 in Criminal application No. 2876 of 2022. The modified condition reads as
{2} under :- " The applicant shall attend Dhule City Police Station, Dist.Dhule, once a month until conclusion of trial." 5.
Mr. Choudhari would submit that the applicant has obeyed the aforesaid conditions till this date. Now, he is residing in State of Pubjab and hence, it is difficult for him to attend the police station at Dhule every months. He would point out that although charge is framed in the trial, there is no further progress and trial is likely to take its own course. He would further point out that Sessions Court has released the co-accused without putting similar condition. Therefore, he urges that the condition of attending the police station may be relaxed. 6.
Learned APP, however, opposes the prayer on the ground that applicant is required to attend the trial and at the same time, he may attend the police station. There is no difficulty in complying with the condition as modified under order dated 6.10.2022. 7.
Having considered the submissions advanced, apparently, there is no allegation that applicant has breached any of the conditions of bail imposed while granting the bail under order dated 1.4.2022. The learned advocate for applicant would point out that the applicant is attending the trial and he has not defaulted in his attendance. There no purpose in continuing with the condition to attend the police station since charge is framed and applicant is attending the trial. It is to be noted that the co-accused person is enlarged on bail without putting similar conditions. If the applicant is attending the trial on regular basis, no purpose would be served by continuing the condition of attending the
{3} police station. In that view of the matter, a case is made out for allowing the application. Hence, the order :- 8.
O R D E R
[A] The application is allowed;
[b] Condition No. (ix) appearing in the order dated 1.4.2022 in Bail Application No. 295 of 2022, which is modified by order dated 6.10.2023 in Criminal Application No. 2876 of 2022, is relaxed, subject to condition that the applicant shall attend each and every effective date before the trial court, without making any default.
[c] The application is disposed of.
[S.G. CHAPALGAONKAR] JUDGE grt/-