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Bombay High CourtIA/4049/2024disposed off

Ganesh Narayan Suryavanshi v. State Of Maharashtra

2024-11-29Hon'Ble Shri Justice Manish Pitale2 pages

917_IA_4049_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4049 OF 2024 IN BAIL APPLICATION NO. 2094 OF 2023 Ganesh Narayan Suryavanshi ...

Applicant vs.

The State of Maharashtra ...

Respondent Ms. Krishma Joshi a/w. Mr. Puneet Fonia, i/b. Mr. Pranay Saraf for applicant.

Mr. Balraj B. Kulkarni, APP for respondent-State. Mr. Sandip Mane, API, CBD Belapur Police Station, Navi Mumbai. CORAM : MANISH PITALE, J.

DATE :

29th NOVEMBER, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

By this application, the applicant seeks complete relaxation of a particular condition imposed by this Court, while granting bail to the applicant.

3.

By order dated 14.09.2023, this Court granted bail to the applicant and one of the conditions imposed upon the applicant, was as follows:

"(d) The applicant shall attend the Investigating Officer of CBD Belapur police station, once in a week on every Saturday of the week, between 11.00 a.m. and 1.00 p.m."

Digitally signed by PRIYA KAMBLI Date:

2024.11.29 18:34:00 +0530 PRIYA KAMBLI 1/2

917_IA_4049_24.doc 4.

By order dated 08.12.2023, the said condition was modified as follows:

"The applicant now to attend the investigating officer of CBD Belapur Police Station, once in a month every first Saturday of the month between 11.00 a.m. and 1.00 p.m. till the trial concludes."

5.

The learned counsel for the applicant submits that since the applicant is a daily-wager, on every date that he has to comply with the modified condition, he loses his wage for that day. It is further submitted that the applicant has been scrupulously abiding by the said condition. It is also submitted that in the Trial Court, only 3 more witnesses are to be examined.

6.

The learned APP has strongly opposed the present application. 7.

Considering the aforesaid circumstances, highlighted on behalf of the applicant, this Court is inclined to allow the application. 8.

Accordingly, the application is allowed in terms of prayer clause (a), subject to a specific direction that the applicant shall attend each and every date before the Trial Court in the pending trial.

(MANISH PITALE, J) Priya Kambli 2/2