Mayur S/O. Ramdhan Gaderao v. State Of Mah. Thr. Pso, City Kotwali, Amravati, Dist. Amravati.

7appp1924.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C RIMINAL APPLICATION (APPP) NO. 1924/2023 IN CRIMINAL APPLICATION (ABA) NO. 454/2023 (D) (Mayur Ramdhan Gaderao Vs State of Maharashtra) Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.S. Shingane, counsel for the applicant. Mr. Abhijit G. Mate, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03/01/ 4.

1.

By this application, the applicant is seeking relaxation of the condition in the order passed by this Court on 20/09/2023. The applicant is charged for the offences punishable under Sections 376(2)(n), 500 and 506(2) of the Indian Penal Code.

2.

While considering the prayer of the bail, this Court has imposed the condition that the applicant shall attend the concerned Police Station on every Tuesday between 10.00 a.m. and 12.00 noon and shall cooperate with the investigating agency.

3.

The learned counsel for the applicant submitted that now relevant statements are already recorded and most of the part of investigation is already over, further attendance of the concerned Police Station is not required and prayed for modification of the order.

4.

The said application is strongly opposed by the State on the ground that investigation is still in progress and prays for rejection of the application.

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7appp1924.2023.odt 5.

Having heard learned counsel for the applicant and learned APP for the State. It reveals that as the investigation was in progress, the condition was imposed that the applicant shall attend the concerned Police Station on every Tuesday between 10.00 a.m. to 12.00 noon.

6.

Considering the statement of the learned counsel for the applicant that relevant statements are already recorded and presence of the applicant at Police Station on every week is not required.

7.

In view of that, the said condition can be modified and the applicant can be directed to attend the concerned Police Station as and when required. In view of that, criminal application is allowed and the condition is modified as follows:

a) The applicant shall attend the concerned Police Station as and when required for the investigation purpose and shall cooperate in the investigation.

b) The investigating officer shall issue 24 hours prior notice to the applicant if the presence is necessary.

The criminal application is disposed of.

[URMILA JOSHI-PHALKE, J] rkn