Tushar Ashok Bhagat v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5249 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 2616 OF 2024 Tushar Ashok Bhagat ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Ramakant Paranjape i/b Mr. Vivek N. Arote, learned Advocate for the Applicant.

Mr. Vinod Chate, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

13th JUNE 2025.

P.C. :

1.

Heard Mr. Ramakant Paranjape, learned Advocate for the Applicant and Mr. Vinod Chate, learned A.P.P. for the State/Respondent.

2.

By order dated 21st August 2024, the Applicant was released on bail, on the conditions mentioned in Paragraph Nos. 7(i) to (vii).

3.

By the present Application, the Applicant has sought for the following relief :- "a) That this Hon'ble Court may be pleased to relax Condition No. (iii) from the order passed on 21st August 2024 in B. A. No. 2616 of 2024 as regards in not enter

within the territorial jurisdiction."

4.

Bail Condition No. 7(iii) of the order dated 21st August 2024 reads as follows :- "iii) The Applicant shall not enter within the territorial jurisdiction of Navi Mumbai, Raigad and Thane Police Stations, till conclusion of the trial, except for attending the trial."

5.

Mr. Ramakant Paranjape, learned Advocate for the Applicant submits that the mother of Applicant is ailing and therefore, the Applicant has to attend his mother. He therefore submits that Clause 7(iii) of the order dated 21st August 2024 be relaxed. 6.

Mr. Vinod Chate, learned A.P.P. for the State/Respondent strongly opposes the present Application on the ground of the offences being serious in nature, which include The Maharashtra Control of Organised Crime Act, 1999 ("MCOCA" for short). 7.

I am not inclined to entertain the present Application, as the bail conditions, which are imposed by this Court, being conscious of the offences charged in the crime.

8.

However, Mr. Ramakant Paranjape, learned Advocate submits that the Applicant be permitted to visit his mother residing in Navi Mumbai for a single day, i.e., on 23rd June 2025 from 10.00 a.m. to 4.00 p.m. He submits that the visit would be restricted to the residence of his mother and he would leave the jurisdiction of Navi Mumbai latest by 4.00 p.m. on 23rd June 2025.

9.

Mr. Vinod Chate, learned A.P.P. does not object for the single day visit of the Applicant.

10.

In view of the above and on an undertaking given by Mr. Ramakant Paranjape, learned Advocate that the Applicant will visit the residence of his mother on 23rd June 2025 from 10.00 a.m. to 4.00 p.m. and leave the jurisdiction of Navi Mumbai, Raigad and Thane District, latest by 4.00 p.m. on that day, Applicant is permitted to enter Navi Mumbai on 23rd June 2025 from 10.00 a.m. to 4.00 p.m.

11.

In the event the Applicant is found in the jurisdiction of Navi Mumbai beyond 4.00 p.m. on 23rd June 2025, the same shall be treated as violation of the bail condition by the Applicant. 12.

In view of the above, Interim Application No. 5249 of 2024 stands disposed of.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.07.25 20:00:00 +0530 GITALAXMI KRISHNA KOTAWADEKAR