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Bombay High CourtIA/2834/2024allowed

Munna @ Digvijay Sambhaji Nimhan v. The State Of Maharashtra

2024-07-30Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

1/3 19 IA-2834-24.odt MANDIRA MILIND SALGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MILIND SALGAONKAR Date: 2024.07.31 22:52:32 +0530 CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2834 OF 2024 IN INTERIM APPLICATION NO.939 OF 2019 Munna @ Digvijay Sambhaji Nimhan ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH CRIMINAL APPEAL NO.297 OF 2021 Rambhau @ Ramchandra Mahadev Nimhan ..

Appellant

Versus

Munna @ Digvijay Sambhaji Nimhan & Ors.

..

Respondents WITH CRIMINAL APPEAL NO.1176 OF 2019 Munna @ Digvijay Sambhaji Nimhan & Ors.

..

Appellants

Versus

The State of Maharashtra ..

Respondents ...

Mr.Karan Gajra with Ms.Sanchita Sontakke, Ms.Daksha P. Mr.Vijay Singh and Mr.Digvijay Kachare for the Applicant. Mr.J.P.Yagnik, A.P.P. for the State/Respondent. Mr.Vikas Shivarkar for the Respondent/Complainant. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 30th JULY, 2024

2/3 19 IA-2834-24.odt P.C:- 1.

Interim Application No.2834 of 2024 seeks modification of the condition imposed upon the Applicant, while his application for suspension of sentence and bail was considered and granted by this Court on 13/05/2021, by imposing certain conditions.

By the order passed on his Interim Application No.939 of 2019, Applicant No.1 was ordered to be released on bail, on executing P.R.Bond of Rs.50,000/- and surety in the like amount with the condition imposed on him to the following effect :- "Applicant No.1 is directed to attend Chaturshrungi Police Station on first Monday of every month between 10.00 a.m. to 11.00 a.m. till disposal of the appeal."

2.

According to the learned counsel for the Applicant, this order being passed on 13/05/2021, is abided by him and this statement is not denied by the learned A.P.P.. The learned counsel Mr.Shivarkar representing the Complainant submits that though he would oppose complete exemption in appearance, he has no-objection for relaxation of this condition.

3.

Since on passage of time of almost three years, we have noted that the Applicant/Appellant has consistently abided by the condition, but the Appeal is not yet taken up for hearing, we deem it appropriate to modify condition No.2 of the order dated 13/05/2021, by directing him to attend Chaturshrungi

3/3 19 IA-2834-24.odt Police Station on first Monday of every trimester between 10.00 a.m. to 11.00 a.m. till disposal of the Appeal. Rest of the conditions in the order dated 13/05/2021 shall remain intact.

4.

With the aforesaid modification, the Interim Application stands disposed of.

(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)