Sona Shivbabu Singh v. The State Of Maharashtra

by CHITRA SANJAY SONAWANE Date:

2024.11.23 01:43:26 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No. 3016 of 2024 in Anticipatory Bail Application No. 405 of 2024 Sona Shivbabu Singh Age 42 years, Occ. Business, R/at. Permanent Address at Shayadri Nagar, B.R.C. Marg, Near Naag Mandir, Vashinaka, Chembur, Mumbai - 400 067.

... Applicant versus The State of Maharashtra Through RCF Police Station ... Respondent ---- Ms Nitan Mayekar i/b Ms Snehal Chaudhri, for the applicant. Ms Supriya Kak, APP, for the respondent/ State. PSI H T Kedari, RCF Police Station, Mumbai, is present. ---- Coram: R.N. Laddha, J.

Date: 22 November 2024.

P.C.:

By this application, the applicant seeks relaxation of condition (ii) imposed by the Coordinate Bench of this Court (Coram: Sarang V Kotwal, J.) by order dated 12 February 2024 at the time of granting pre-arrest bail. The relevant operative

part of the order reads as follows:

"(ii) The applicant shall stay outside the jurisdiction of the R.C.F. police station, Mumbai, for a period of one year. She shall not enter that jurisdiction for a period of one year."

2.

Ms Nitan Mayekar, the learned Counsel appearing for the applicant, submits that the applicant has a daughter who is specially abled and suffers from panic attacks in the applicant's absence. The applicant's daughter has a learning disability and requires medical attention. Further, the applicant's brother has acute viral hepatitis and needs assistance. Mr Mayekar contends that the applicant's daughter and brother rely on the applicant for care and find it very challenging to care for themselves without her assistance. The learned Counsel asserts that the applicant has duly complied with the bail conditions and never breached them.

3.

Ms Supriya Kak, the learned Additional Public Prosecutor representing the respondent/ State, acknowledges the medical condition of the applicant's daughter and brother. She submits that if the Court is inclined to relax the condition, suitable conditions be imposed.

4.

Considering these circumstances, especially the medical

condition of the applicant's daughter and brother, this Court finds it appropriate to delete Condition (ii) imposed by the Coordinate Bench of this Court (Coram: Sarang V Kotwal, J.) by order dated 12 February 2024.

5.

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