Jasinski Andrzej Wieslaw v. Union Of India And ANR

11.IA2532.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2532 OF 2024 IN BAIL APPLICATION NO. 4133 OF 2023 Mr. Jasinski Andrzej Wieslaw.

...Applicant

Versus

Union of India & Anr.

...Respondents.

Mr. Aseem Naphade a/w. Ms. Deepanjali Mishra i/b. Mr. Prem Kumar Pandey, Mr. Pavan Pandey, Ms. Sneha Mishra, Advocate for the Applicant. Mr. Amit Munde a/w. Jai Vohra, Advocate for Respondent No. 1. Smt. Rajeshree Neuton, APP for Respondent -State.

CORAM

:

N. J. JAMADAR, J.

DATE :

29th JULY 2024.

PC.

:

1.

Heard the Learned Counsel for the parties and learned APP for State. 2.

This is an application for modification of the condition of the bail granted by the Order dated 7th May 2024 to the extent that the applicant be permitted to mark his presence before the CBI at its Mumbai Office. 3.

While releasing the applicant on bail, this Court had inter alia imposed following condition:

"(iii) The applicant shall mark his presence before CBI, EO-II, New Delhi, on first Monday of every month Talwalkar 1/2

11.IA2532.2024.doc between 11 am to 1 pm for a period of three years or till the conclusion of the trial, whichever is earlier." 4.

The Learned Counsel for the applicant submits that on account of the peculiar condition in which the applicant finds himself, the condition to attend CBI, EO-II, New Delhi operates onerously.

5.

The Learned Special P.P. for the Respondent submits that the investigation is still underway and the Investigating Officer is based at Delhi and, therefore, attendance of the applicant at CBI office at Mumbai may not serve any purpose.

6.

Having considered the reasons assigned in the application and the submissions advanced across the bar, for the present, I am inclined to modify the condition to the effect that the applicant shall mark his presence before the CBI, EO-II, New Delhi on the first Monday of August, November, February and May, every year between 11 am to 1 pm for a period of 3 years or till the conclusion of trial.

7.

The applicant shall have liberty to seek further modification after one year. 8.

The application stands disposed accordingly.

(N. J. JAMADAR, J.) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.08.01 16:34:08 +0530 Talwalkar 2/2