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Bombay High CourtIA/2980/2024allowed

Anil Bhimrao Lakade v. The State Of Maharashtra

2024-10-17Hon'Ble Shri Justice R. N. Laddha3 pages

by CHITRA SANJAY SONAWANE Date:

2024.10.21 15:48:54 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No.2980 of 2024 In Bail Application No.3700 of 2023 Anil Bhimrao Lakade, Age: 32 years, Occ: Business, R/o. Shanikrupa Nivas, Sai Shraddha Colony, Pipeline Road, Savedi, Ahmednagar, District Ahmednagar.

... Applicant v/s.

The State of Maharashtra Through Police Station Officer Shivaji Park Police Station, Mumbai.

(Copy to be served on Public Prosecutor High Court of Judicature of Bombay) ... Respondent ---- Mr Nitin Gaware Patil, a/w. Mr Shantanu Kolhe, for the applicant.

Ms Supriya Kak, APP, for the respondent/ State. ---- Coram: R.N. Laddha, J.

Date: 17 October 2024.

P.C.:

Heard. The learned Counsel for the applicant seeks leave to amend to correct the prayers. Leave granted as prayed for. The amendment shall be carried out forthwith.

2.

By this application, the applicant seeks modification of condition No.(iii) imposed by this Court vide order dated 31 January 2024. The relevant operative part of the order reads as follows:

"(iii) the applicant shall mark his presence before Shivaji Park Police Station on first Monday of every month in between 11 am to 1 pm for a period of two years or till the conclusion of the trial, whichever is earlier."

3.

The learned Counsel for the applicant submits that the applicant is a resident of village Savedi, Ahmednagar, and has duly complied with the aforesaid condition and has been attending the Shivaji Park Police Station, Mumbai as directed by this Court. The applicant's elderly parents need assistance and travelling from Ahmednagar to Mumbai on the first Monday of every month is becoming difficult for the applicant. The learned Counsel further submits that the charge is yet to be framed and prays that the applicant be permitted to attend the Ahmednagar Police Station instead of Shivaji Park Police Station.

4.

The learned APP, confirming the age of the applicant's elderly parents, acknowledges that the charges are yet to be framed by the trial Court and submits that appropriate order be

passed as the Court may deem fit.

5.

Having considered the submissions and the fact that offence was committed within the Shivaji Park Police Station, Mumbai, and the trial is yet to commence, condition No.(iii) imposed by order dated 31 January 2024 stands deleted and modified as follows:

"iii) The applicant shall attend the Ahmednagar Police Station on first Sunday of every month between 11 am and 2 pm for a period of two years or till the conclusion of the trial, whichever is earlier."

6.

Needless to say, the applicant shall scrupulously follow rest of the conditions imposed in the order dated 31 January 2024.

7.

Interim application stands disposed of accordingly. (R.N. Laddha, J.)