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Bombay High CourtAPPLN/10/2024disposed off

Nilima Harish Parikh v. State Of Maharashtra

2024-08-29Hon'Ble Shri Justice Manish Pitale2 pages

912_APPLN10_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.10 OF 2024 Nilima Harish Parikh ...

Applicant Vs.

State of Maharashtra and another ...

Respondents Mr. Kushal Mor i/b. Mr. Tanmay Karmarkar for Applicant. Mr. Bapu V. Holambe-Patil, APP for Respondent No.1-State. Ms. Priyanka Dubey a/w. Mr. Shirish Desai i/b. Hedgehog and Fox LLP for Respondent No.2 CORAM : MANISH PITALE, J.

DATE : AUGUST 29, 2024 P.C. :

.

By this application, the applicant seeks modification of a particular condition i.e. condition No.10 imposed on the applicant when her bail application was allowed by order dated 06.04.2023. The said condition specified that the applicant would not leave the territorial limits of Mumbai without prior permission of the Court. 2.

It is an admitted position that an application, seeking an identical relief, was filed by co-accused i.e. the son of the present applicant before the Court of Additional Sessions Judge, Mumbai i.e. the Special Court concerning offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. By an order dated 15.06.2024, the application of the said co-accused person was partly allowed and the aforementioned condition was deleted. 3.

In view of the said development, the learned counsel for the applicant, on instructions, seeks permission to withdraw the present application, in order to approach the aforementioned Court to press the MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2024.08.29 17:20:45 +0530 prayer for modification / deletion of condition No.10 imposed in the 1/2

912_APPLN10_24.doc order dated 06.04.2023 when the applicant was granted bail. 4.

In view of the above, the present application is disposed of as withdrawn with liberty to the applicant to move the concerned Court with a fresh application for the relief that is sought in the present application.

5.

The said Court is directed to decide the application that is proposed to be filed by the applicant, within two weeks of the first date of hearing of the said application.

(MANISH PITALE, J.) Minal Parab 2/2