Dhananjay Vitthal Gawade v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1948 OF 2024 IN BAIL APPLICATION NO. 2978 OF 2023 Dhananjay Vithal Gawade ...
Applicant
Versus
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 1985 OF 2024 IN BAIL APPLICATION NO. 2988 OF 2023 WITH INTERIM APPLICATION NO. 2055 OF 2024 IN BAIL APPLICATION NO. 2977 OF 2023 ****** Mr. Sachin R. Pawar for the Applicant.
Ms. Megha S. Bajoria, APP for Respondent-State. Mr. Ranjit Jadhav, P.I., CID, Kokan Bhavan, Navi Mumbai. ****** CORAM: MANISH PITALE, J.
DATE : 11th OCTOBER 2024 P.C. :
BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.10.14 10:46:49 +0530 .
These interim applications are filed in order to seek modification of condition (d) incorporated in order dated 29th November 2023, whereby three bail applications filed by this very applicant were allowed.
2.
It is submitted that, as on today, the proceedings before the trial Court have reached the stage of recording statements of
accused under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.). It is submitted that the applicant has abided by the said condition for almost one year and this Court may consider either deleting the condition or to modify the same in order to give some relaxation to the applicant.
3.
The learned APP submits that there are number of extortion cases registered against the applicant and it is for this reason that the aforesaid condition is imposed. It is submitted that this Court may not show any indulgence to the applicant, as the trial is on the verge of completion.
4.
This Court has considered the rival submissions. Condition (d) in the order dated 29th November 2023 passed in Bail Application, reads as follows :
"(d) The applicant shall attend the Investigating Officer of Virar police station once in a fortnight, on first and third Sunday of every Month, between 11.00 a.m. and 1.00 p.m. till the trials conclude."
5.
There is nothing to show that the applicant has failed to abide by the said condition, till date.
6.
Having considered the over all circumstances and the fact that there appear to be a number of extortion cases pending against the applicant, it would not be appropriate to delete the condition. But, some relaxation can be granted to the applicant, as he appears to have abided by the said condition.
7.
Accordingly, the applications are partly allowed and condition (d) is modified as follows :
"(d) The applicant shall attend the Investigating Officer of Virar Police Station, once in a month, on first Monday of every month between 11:00 a.m. and 1:00 p.m., till the trials are concluded."
8.
The applications are disposed of.
MANISH PITALE, J.