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Bombay High CourtIA/3697/2024dismissed

Vishal Anil Parekh v. The State Of Maharashtra

2024-10-17Hon'Ble Shri Justice Shivkumar Dige2 pages

bipin prithiani 948-ia-3697.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3697 OF 2024 IN BAIL APPLICATION NO. 2707 OF 2023 Vishal Anil Parekh ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Milan Desai a/w Rohan Naidu for the Applicant. Mr. Balraj B. Kulkarni, APP for Respondent-State. PSI - Dudhmal, Kasturba Marg Police Station, Mumbai. ****** CORAM: MANISH PITALE, J.

DATE : 17th OCTOBER 2024 P.C. :

.

By this application, the applicant is seeking relaxation of condition (c) imposed by this Court while granting bail on 27th October 2023. The said condition reads as follows : "(c) The applicant shall attend the investigating officer of Kasturba Marg Police Station, Borivali, once in a month on every first Monday of the month between 11:00 a.m. and 1:00 p.m."

2.

The learned counsel for the applicant submits that now the charge-sheet as well as the supplementary charge-sheet have been filed. He further submits that the applicant has executed consent terms with the first informant, in pursuance of which an amount of Rs.97 lakhs is already paid to the first informant. In that light, it

bipin prithiani 948-ia-3697.24.doc is submitted that this Court may consider relaxing the aforesaid condition.

3.

On the other hand, the learned APP submits that the applicant abided by the said condition only till the month of August 2024 and he has defaulted in the months of September 2024 and October 2024. It is further submitted that the applicant has two criminal antecedents with similar offences and in that light, this Court may not show any indulgence to the applicant. 4.

In the light of the specific statement made on behalf of the applicant that consent terms, indicating settlement, have been executed with the first informant, it will be appropriate that the first informant be added as party/respondent No.2 in this application. Leave is granted to do so. The amendment be carried out forthwith.

5.

Issue notice to the newly added first informant (respondent No.2) in this application, returnable on 12th November 2024 (High on Board).

6.

The applicant shall abide by the above quoted condition, during the pendency of this interim application. 7.

The learned counsel for the applicant submits that copy of the application will be served on the learned APP. MANISH PITALE, J.