Capt Mahavir Singh Charan Retd v. State Of Maharashtra Through Sho Santacruz Police Station

94-APPLN-480-2024.doc Prasad Rajput (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 480 OF 2024 Capt Mahavir Singh Charan Retd.

.. Applicant

Versus

State Of Maharashtra through SHO Santacruz Police Station .. Respondent ....................

 Ms. Tasmiya Taleha i/b Mr. Hamza Lakdawala, for Applicant.  Mr. Mayur Sonavane, APP for the State.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 03, 2025 P.C.

:

1.

Heard Ms. Taleha, learned Advocate for the Applicant and Mr. Sonavane, learned APP for State.

2.

In this case, order dated 08.10.2024 granting Anticipatory Bail is passed by learned Sessions Court in Anticipatory Bail Application No.2007 of 2024 on certain conditions. The Anticipatory Bail Application is disposed by the Sessions Court. 3.

Applicant before me desires to modify condition Nos.5, 6 and 8 as stated in the above order. For such modification of conditions in the order passed by the Sessions Court granting Anticipatory Bail, Applicant has filed the present Criminal Application. 4.

Prayer in the Criminal Application is for modification of the

94-APPLN-480-2024.doc bail conditions imposed by the Sessions Court. This Application is merely for review of order dated 08.10.2024. Prima facie, I am of the view that this order is not maintainable before this Court as this Court has not passed the order dated 08.10.2024. When I impressed upon the learned Advocate about the above submissions which are recorded, she would inform me that she has filed this Application initially as a Writ Petition under Articles 226 and 227 of the Constitution of India, 1950 but the Registry refused to register it and informed her that a Criminal Application would be the right course of action. 5.

In view of the above, the concerned Registrar shall personally look into this issue and considering the prayers in the present Application, place an appropriate Report before the Court if the said Application is maintainable as a Criminal Application before this Court for the reliefs prayed as delineated herein above. If required, Advocate for Applicant shall be heard by the Registrar. 6.

Registry shall act upon a server copy of this order and place the Report within a period of one week from today. P.R. Rajput [ MILIND N. JADHAV, J. ]