Denny Miguel Tovar Sales v. Union Of India

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 116 OF 2025 Denny Miguel Tover Sales .. Applicant

Versus

Union of India and Anr.

.. Respondents ....................

 Ms. Ashwini Achari a/w. Mr. Taraq Sayed, Advocates for Applicant.  Ms. Megha Bajoria, SPP for Respondent No.1 - Union of India.  Mr. Balraj Kulkarni, APP for Respondent No.2 - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 18, 2025.

P.C.:

1.

Mentioned at the time of rising of the Court. 2.

Heard Ms. Achari, learned Advocate for Applicant and Mr. Kulkarni, learned APP for Respondent No.2 - State. 3.

Ms. Achari, learned Advocate for Applicant seeks relaxation of bail condition Nos. 'a', 'b' and 'c' as being onerous in order dated 21.09.2024 passed by the Sessions Court on Bail Application filed by APP.

4.

It is an irony that despite the Applicant being released on bail, he is still in jail. Be that as it may, the submissions made by the learned Advocate for Applicant prima facie appeal to the Court. In so far as condition No. 'a' regarding bail amount of Rs.1 lakh is

concerned it is not possible for the Applicant to arrange the same. Hence reduction is sought. In so far as condition No. 'b' is concerned, Applicant is required to submit his passport and visa which would not be possible for him to submit because it has already been confiscated. In so far as condition No. 'c' is concerned, Applicant is directed to register himself on the basis of such passport and visa with the Foreigners Regional Registration Office (FRRO) at Mumbai which once again prima facie cannot be fructified unless the Applicant has his passport and visa with him.

5.

Respondent No.1 is the Union of India in the present case. It is directed to ascertain the aforesaid submissions made by the learned Advocate for Applicant and apprise the Court on the next adjourned date when this Application shall be disposed by this Court. 6.

Copy of this order shall be served on Respondent No.1 - Union of India by the Advocate for Applicant forthwith. 7.

Respondent No.1 - Union of India shall ensure that a responsible Advocate / Counsel shall attend this Court when the present Application is taken up for hearing.

8.

It is clarified that on the next adjourned date, if Respondent No.1 - Union of India's Advocate does not remain present, this Court shall not await his / her presence and proceed with passing appropriate orders in accordance with law.

9.

Considering the fact that Applicant has been enlarged on bail on 21.09.2024 and is still languishing in prison this Application shall be disposed of on the next date which shall be noted by the Union of India.

10.

List the Application on Board on 25th March, 2025. To be placed under the caption 'First on Board'.

[ MILIND N. JADHAV, J. ] Digitally signed by AJAY TRAMBAK UGALMUGALE Date:

2025.03.18 19:42:24 +0530 Ajay AJAY TRAMBAK UGALMUGALE