Vishal Vinay Tamotiya v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No. 4128 of 2024 in Criminal Bail Application No. 2527 of 2022 Vishal Vinay Tamotiya Age 48 years, Occ. Service, R/at. Flat No.802, C1 Wing, Kumar Prince Ville, Moshi, Borhadewadi, Pune.

... Applicant versus Digitally signed by MAMTA AMAR KALE Date:

2024.12.12 18:44:38 +0530 MAMTA AMAR KALE The State of Maharashtra Chakan Police Station.

... Respondent ---- Ms Surbhi Agrawal i/b Mr Abhishek Yende, for the applicant. Mr Yogesh Y Dabke, APP, for the respondent/ State. ---- Coram: R.N. Laddha, J.

Date: 12 December 2024.

P.C.:

.

By this application, the applicant is seeking relaxation of condition No.(iii) imposed by the Coordinate Bench of this Court (Coram: G. A. Sanap, J.) by order dated 22 December 2023 at the time of granting application for bail. The relevant operative part of the order reads thus- "(iii) The Applicant shall not leave the State of

Maharashtra without prior permission of the learned Trial Court."

2.

The learned Counsel for the applicant submits that owing to the nature of his work, the applicant is required to operate from multiple locations. Additionally, as a father, he needs to visit his child, which necessitates seeking prior permission and has contributed delays. The applicant is a sole breadwinner of the family, and has fully cooperated with the investigation and consistently attended the Court proceedings. The learned counsel has produced roznama from the trial Court, which demonstrates the applicant's regular attendance at Court dates. The learned counsel further submits that the applicant is willing to surrender his passport to the investigating officer. 3.

The learned APP, on instructions from the Officer of the concerned police station present in Court, submits that the condition may be relaxed, provided the applicant surrenders his passport to the investigating officer.

4.

Having considered the submissions and the no objection from the prosecution, the application is allowed in the following terms:

(i) Condition No.(iii) in the order dated 22 December 2023, is hereby relaxed and modified with a condition that the applicant shall surrender his passport to the investigating officer.

5.

All the parties shall act on the authenticated copy of this order.

6.

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