Baljit S/O Ratan Singh v. State Of Mah.Thr. Ps Deori, Gondia Tah. And Dist. Gondia.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) NO.2020 OF 2023 IN CRIMINAL APPLICATION (BA) NO.1003 OF 2022 (D) (Baljit s/o Ratan Singh Vs. State of Maharashtra thr. its PSO PS Deori, Tah. Deori, Dist. Gondia) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Ms. Gauri Mishra, Advocate h/f Mr. V. S. Mishra, Advocate for Applicant. Mrs. Ritu V. Sharma, APP for Non-Applicant/State. CORAM: URMILA JOSHI PHALKE, J.

DATE: 27 th MARCH, 2024.

By this application, the applicant is seeking relaxation of bail condition as per order dated 15.02.2023. 2.

While releasing the applicant on bail in connection with Crime No.249/2021 registered under Sections 395, 341, 342, 365 and 323 of the Indian Penal Code. This Court imposed the condition that the applicant shall attend the Police Station Gondia on 1st Sunday of every month for the investigation purpose. The learned counsel for the applicant submitted that now investigation is completed and the charge-sheet is filed. Further the presence of the applicant at the police station is not required. In view of that said condition is relaxed.

3.

The learned APP strongly opposed the said application on the ground that the applicant who is resident

of Uttar Pradesh has not complied with the condition No.9 which is imposed by this Court by directing the applicant to surrender his Passport, if any, before the Investigating Officer within a period of one week from today and if he does not possess any Passport, he shall file an affidavit to that effect which is not complied with.

4.

Having heard the learned counsel for the applicant and the learned APP for the State perused the earlier order passed by this Court considering now investigation is completed and charge-sheet is filed. The presence of the applicant before the Investigating Officer is not required. In view of that, the application deserves to be allowed on the condition that the applicant first to comply the condition No.9 either surrendering his Passport if he is having in absence of the Passport he shall file an affidavit to that effect on complying the above said condition, the condition which at serial No.3 that the applicant shall attend the Police Station Gondia on 1st Sunday of every month would be cancelled. In view of that, I proceed to pass following order:

[i] The application is allowed.

[ii] The condition imposed that the applicant shall attend the Police Station Gondia on 1st Sunday of every month is hereby cancelled on the condition that the applicant shall

either produce his Passport and in absence of Passport he shall file an affidavit to that effect.

5.

The application is disposed of.

JUDGE NSN