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Bombay High CourtAPPP/289/2022allowed

Rajashri Jagdishrao Ghorband @ Rajashri Dilip Telang v. State Of Mah. Pso Ps Jalamb Tq.Shegaon Dist.Buldhana

2022-03-22Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application No. 289 of 2022 in Anticipatory Bail Application No. 637 of 2020 Rajashri Jagdish Ghorband @ Rajashri Dilip Telang

Versus

State of Maharashtra, Police Station Officer, Police Station Jalab, Tq. Shegaon, Dist. Buldhana Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.V.Sirpurkar, Advocate for the applicant. Mrs. S.S.Jachak, APP for the non-applicant.

CORAM : ANIL S. KILOR, J.

DATED : 22nd MARCH, 2022.

This is an application for relaxation of condition of attending police station on every alternate Sunday, imposed by this Court at the time of granting anticipatory bail vide order dated 26th July, 2021. 2.

Learned counsel for the applicant submits that the applicant is a lady and she is a teacher working in a school. She needs to travel more than 300 kilometers to attend the police station. It is submitted

that she has been falsely implicated in the alleged offence.

3.

Mrs. Jachak, learned APP opposes the application and submits that earlier also similar offence was registered against the applicant and therefore she prays for rejection of the present application. 4.

I have perused the record and also considered the submission of both the advocates for the respective parties.

5.

The condition, which was put by this Court vide order dated 26th July, 2021 to attend the police station on alternate Sunday, was with a view that the applicant would co-operate the investigating officer till filing of chargesheet and chargesheet would be filed within the statutory period. However, though the crime was registered on 07.08.2020, for more than eight months the chargesheet has not been filed.

6.

Looking to the fact that the applicant needs to travel more than 300 kilometers and also she is working in a school as a teacher, I am of the opinion that present application needs to be allowed. Accordingly, I pass the following order.

ORDER

i.

The application is allowed.

ii.

The condition of attending concerned police station on alternate Sunday is modified and it is directed that as and when the presence of the applicant is required, the applicant shall attend the police station. iii.

It is further made clear that police shall issue 72 hours prior notice to the applicant, whenever her presence is required.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.03.22 18:18:41 +0530 SACHINDANAND K NAIR