Appaso @ Dilip Hanmant Barkade And ORS v. The State Of Maharashtra

33.appa304.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 304 OF 2018 IN CRIMINAL APPEAL NO. 495 OF 2007 Appaso @ Dilip Hanmant Barkade & ors.

..Applicants.

V/s.

The State of Maharashtra & anr.

..Respondents.

Mr. Dilip Bodake, advocate for applicants.

Mr. S.R. Agarkar, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : APRIL 2, 2019.

P. C. :

Heard the learned Counsel for the applicants and the learned APP for State.

This is an application seeking relaxation of condition imposed upon the applicants vide order dated 1st March, 2017 while granting bail to the applicants under section 389 of the Code of Criminal Procedure, 1973. The applicants were directed to attend the concerned Police station on every Sunday in between 10 a.m. to 3 p.m.. The applicants herein are convicted by the Sessions Judge, Satara vide Judgment and Order dated 5th March, 2007 and are sentenced to suffer R.I. for 3 years for the offence punishable under Talwalkar

33.appa304.18.doc section 307 of the Indian Penal Code. The applicants were directed to attend police station ever since the order of bail and after the conviction by the Sessions Court.

In view of the above, the condition (ii) of the order dated 1st March, 2017 is modified as under :

"(ii) The applicants shall mark their presence before the Additional Sessions Judge, Satara once in 6 months on the date specified by the concerned Sessions Court at Satara. Upon failure to attend any two consecutive dates, the Sessions Court shall make a report to the High Court, Bombay and the prosecution is at liberty to move for cancellation of bail." The application is allowed and disposed of accordingly. [SMT. SADHANA S. JADHAV, J.] Talwalkar