Vipul Amrutlal Patel S/O. Amrutlal Patel v. The State Of Maharashtra And ANR

by ARUNA SANDEEP TALWALKAR Date:

2025.06.24 20:37:20 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5125 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 1537 OF 2021 Vipul Amrutlal Patel s/o. Amrutlal Patel.

... Applicant.

Vs.

The State of Maharashtra & Anr.

... Respondents.

Mr. Gaurav Chaubey, Advocate for Applicant(through V.C.). Mr. Harsh Dedhia i/b. Mr. Hiten Venegavkar, Advocate for the Respondent No. 2.

Mrs. M.H. Mhatre, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

23rd JUNE, 2025.

P.C. :

1.

Heard Mr. Gaurav Chaubey, learned Advocate for the Applicants, Mr. Harsh Dedhia, learned Advocate for the Respondent No. 2 and Mrs. Mhatre, learned APP for State. 2.

Applicant was released on bail, by this Court by order dated 25th September, 2024 passed in Criminal Bail Application No. 1537 of 2021, on the conditions mentioned in paragraph 43(i) to

(ix).

3.

By the present Application, Applicant has sought for the following reliefs :

a) Of the 9 (nine) imposed conditions in the order at Exh. A for bail, only condition no. (iii) be relaxed i.e. "The Applicant shall not leave the jurisdiction of the Nani Daman police station without seeking permission from the Trial Court.";

4.

Applicant has expressed his difficulties in paragraphs 8(a) to 8(e) in complying with the condition No. 43(iii) of the order dated 25th September, 2024.

5.

Mr. Gaurav Chaubey, learned Advocate for the Applicant states that the Applicant has abided by each and every condition imposed in the order dated 25th September, 2024. He states that even on occasions when the Applicant had to travel out of the jurisdiction of Nani Daman Police Station, the Applicant had applied before the learned trial Court and such permission was granted. However, for the reasons stated in the Application, it has now become difficult to apply for permission to travel out of jurisdiction of Nani Daman Police Station. He states that in the

event, the condition No. 43(iii) of the order dated 25th September, 2024 is relaxed, the Applicant undertakes to appear before the learned trial Court on each and every date of hearing fixed, unless exempted by the learned trial Court.

6.

Mr. Harsh Dedhia, learned Advocate for the Respondent No. 2 states that he has instructions from the Investigating Officer, Nani Daman Police Station to state that in the event, the Applicant undertakes to appear before the trial Court on each date of hearing, condition No. 43(iii) of the order dated 25th September, 2024 can be relaxed.

7.

Statement made by Mr. Gaurav Chaubey, on instructions of Applicant undertaking to appear before the learned Trial Court on each date of hearing is accepted as a statement made to the Court. In view of the undertaking given on behalf of the Applicant by learned Advocate Mr. Gaurav Chaubey, and no objection on behalf of the Respondents, bail condition No. 43(iii) of the order dated 25th September, 2024 passed in Criminal Bail Application No. 1537 of 2021 is relaxed.

8.

It is clarified that all the other conditions in the order dated 25th September, 2024 shall continue to operate. 9.

In the event of breach of the statement made by Mr. Gaurave Chaubey, learned Advocate for the Applicant, the same would amount to violation of the bail condition. 10.

In view of the above, Interim Application No. 5125 of 2024 is disposed of.

(ASHWIN D. BHOBE, J.)