Suresh Muttiah Poojari v. State Of Maharashtra

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1571 OF 2024 IN BAIL APPLICATION NO. 2196 OF 2022 Suresh Muttiah Poojari ...Applicant

Versus

State Of Maharashtra

...Respondent

Mr. Deepak Gautam, for the Applicant.

Ms. Megha S Bajoria, APP for the State-Respondent.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

By way of this Interim Application, the Applicant seeks deletion of clause (c) of order dated 28th February 2023. The clause (c) of said order, requires the Applicant to report to the D.C.B. C.I.D. Anti-Extortion Cell, Mumbai, once in a month, i.e., on first Monday between 11.00 a.m. and 1.00 p.m. 2.

Clause (e) of the said order, also directs, the Applicant to report to the Alandi Police Station, Pune once in a week, i.e., on every Saturday between 11.00 a.m. and 1.00 pm.

3.

Mr. Deepak Gautam, learned counsel appearing for the Applicant, submits that charges are framed as mentioned in the order itself. However, recording of evidence of the witnesses is still not commenced even after a period of 2 years after passing of the said order. He further submits that the Applicant is resident of Pune and in any case, reports to the Alandi Police Station, Pune, once in a week as per the clause (e) of the said order. He also submits that the Applicant has been attending the Trial Court in Mumbai on every date. Hence, he seeks modification of clause (c) of the said order. 4.

Ms. Megha Bajoria, learned APP representing the State in the matter, although reluctant to concede waiver of the said condition, however, says that the interests of justice will be sub-served if the condition regarding the attendance before the Alandi Police Station, Pune, continues.

5.

In view of the facts that charges are already framed and recording of evidence of the witnesses is still not commenced and also that the Applicant is regularly reporting to the Alandi

Police Station, Pune as well as attending the Trial Court in Mumbai, interest of justice will be sub-served even if clause (c) is deleted from the said order. Accordingly, clause (c) stands deleted from the said order.

6.

However, it is made clear that the Applicant shall continue to report to the Alandi Police Station, Pune, once in a week i.e. on every Saturday between 11.00 a.m. and 01.00 p.m. and shall attend the Trial Court unless specifically exempted by the orders of the Trial Court. Rest of the order remains as it is.

7.

The Interim Application is allowed and disposed of. (Dr. Neela Gokhale, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.11.26 10:30:14 +0530 SHAMBHAVI NILESH SHIVGAN