Pawan Bachiram Arriya v. The State Of Maharashtra And ANR

913_IA_1260_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1260 OF 2024 IN BAIL APPLICATION NO. 658 OF 2023 Pawan Bachiram Arriya ...

Applicant vs.

The State of Maharashtra and another ...

Respondents Mr. Vishal M. Deshmukh for applicant.

Ms. Megha Sumit Bajoria, APP for respondent-State. Mr. Sandeep Warpade, API, D. N. Nagar Police Station, Mumbai. CORAM : MANISH PITALE, J.

DATE :

02nd AUGUST, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for the respondent No.1-State.

2.

By this application, the applicant seeks modification of condition (c) imposed in the order dated 26.09.2023 passed by this Court (Coram: M. S. Karnik, J). The said condition reads as follows: "(c) The applicant shall attend the investigating officer of D. N. Nagar police station once in a month on every Saturday of the month between 11.00 a.m. and 1.00 p.m."

3.

The learned counsel for the applicant submits that he has been abiding by the said condition, but it is creating obstacles for him in obtaining proper employment and since the applicant has undertaken to attend the 1/2

913_IA_1260_24.doc proceedings before the trial Court regularly, this Court may consider deleting the said condition.

4.

The material on record indicates that on an earlier occasion, when the applicant was granted bail, he could not remain present before the trial Court during the covid-19 period, as a consequence of which warrant had to be issued. Therefore, even if the above-quoted condition is to be modified/deleted, the applicant needs to be put to appropriate terms. 5.

In that light, this Court is inclined to modify the aforesaid condition in the following manner and the above-quoted condition (c) shall now be replaced as follows:

"(c) The applicant shall attend the proceedings before the trial Court on each and every date, unless specifically exempted for reasons to be recorded in writing."

6.

The application is allowed in above terms.

(MANISH PITALE, J) Priya Kambli 2/2