Samir S/O Jagdish Prashad Agrawal v. State Of Maharashtra, Through Pso Ps Lakadganj, Nagpur

appp1539.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.1539/2019 (APPP) IN CRIMINAL APPLICATION (BA) NO.479/2018 Samir s/o Jagdishprasad Agrawal .vs. State of Maharashtra, through PSO PS Lakadganj, Nagpur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. R. M. Patwardhan, Advocate for a applicant. Mr. M. J. Khan, A.P.P. for non applicant.

CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 19, 2019 Present application is for relaxation of conditions imposed on applicant by releasing him on bail. Applicant was arrested in connection with Crime No.131/2017, registered with Police Station, Lakadganj, Nagpur for an offence punishable under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code. The applicant was released on bail, however, while releasing him on bail, this Court (Coram: Rohit B. Deo, J.) imposed a condition upon the applicant that he shall report to Police Station, Lakadganj once in a month i.e. on Saturday between 10:00 a.m. to 12:00 p.m., till filing of the charge-sheet.

This application is filed by applicant for relaxation of said condition. It is submission of learned counsel for the applicant that in spite of the fact that the offence is committed in the year 2017 and as on today charge-sheet is not filed and it is now cumbersome for the

appp1539.19.odt applicant to come down from Ujjain to Nagpur to adhere with the condition imposed upon him by this Court while releasing him on bail, the said condition be relaxed. Allegation against the applicant, as discussed by the order dated 18.06.2018 by which he was released on bail is that applicant has prepared a document purporting to be commencement certificate issued on 30.03.2012. That seems to have been done by the applicant to claim benefit under Section 80(1) (B) of the Income Tax Act. The Court, while releasing him on bail, it appears it was weighed in the mind of the learned Judge that the applicant being ordinary resident of Ujjain, to procure his presence in the trial, he is required to attend Police Station once in a month.

In that view of the matter, I see no reason to relax the conditions. The application is rejected. JUDGE kahale