Mangal Ramsurat Singh v. State Of Maharashtra
914_IA4078_24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4078 OF 2024 IN BAIL APPLICATION NO.3559 OF 2023 Mangal Ramsurat Singh ...
Applicant Vs.
State of Maharashtra ...
Respondent Mr. Arvind R. Singh for Applicant.
Ms. Rutuja A. Ambekar, APP (through VC) for Respondent-State. Mr. Kishor T. More, API, Tulinj Police Station. CORAM : MANISH PITALE, J.
DATE : DECEMBER 05, 2024 P.C. :
.
Heard Mr. Singh, learned counsel for the applicant and Ms.Ambekar, learned APP for the respondent-State. 2.
By this application, the applicant seeks relaxation of condition (c) imposed on the applicant, while granting him bail by order dated 27.02.2024 passed by this Court (Coram : Madhav J. Jamdar, J.). 3.
It is submitted that the applicant has abided by the said condition till date. But since he is a resident of Kalyan, to visit Tulinj Police Station in District Palghar, on every Sunday, is causing grave inconvenience to the applicant. It is submitted that even the charge is not framed and the direction is to attend police station on every Sunday till conclusion of the trial. It is further submitted that this Court may consider relaxing the said condition.
MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2024.12.06 11:27:12 +0530 4.
The learned APP has vehemently opposed the said prayer and it is submitted that after considering the entire material, this Court had granted bail, subject to specific conditions, including the aforementioned 1/2
914_IA4078_24.doc condition and therefore, this Court may not show any indulgence. 5.
Condition (c) imposed on the applicant by the order dated 27.02.2024 reads as follows:- "(c) The Applicant shall report to the Tulinj Police Station, District-Palghar once in a week i.e. on every Sunday between 11:00 a.m. and 1:00 p.m. until the conclusion of the trial." 6.
It is to be noted that the offence registered against the applicant, in the present case, is under Section 420 of the IPC, which pertains to cheating and it does not pertain to any bodily offence. It is also to be noted that in paragraph 8 of the order granting bail to the applicant, this Court observed that the dispute between the parties predominantly appeared to be of civil nature.
7.
Yet, this Court cannot lose sight of the fact that offences under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 have also been registered against the applicant and such financial scams have almost become the order of the day. In such a situation, while some indulgence can be shown to the applicant, the above-quoted condition cannot be completely relaxed. 8.
In view of the above, the above-quoted condition is modified and it shall now read as follows:- "(c) The applicant shall report to Tulinj Police Station, District - Palghar on the first Monday of every month between 11:00 a.m. and 10:00 p.m. till the conclusion of the trial." 9.
With this modification, the application is disposed of. (MANISH PITALE, J.) Minal Parab 2/2