Isan Aveya Bahera Sarvjeet v. The State Of Maharashtra
by ARUNA SANDEEP TALWALKAR Date: 2025.07.15 21:09:04 +0530 ARUNA SANDEEP TALWALKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 680 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2536 OF 2024 Mr. Ishan Aveya Bahera Sarvajeet. ... Applicant. Vs.
The State of Maharashtra & Anr.
... Respondents.
**** Mr. Amit G. Dubey i/b. Mr. Ashok M. Saraogi, Advocate for the Applicant.
Ms. M.H. Mhatre, APP for Respondent/State.
**** CORAM :
ASHWIN D. BHOBE, J.
DATE :
14th JULY, 2025.
P.C. :
1.
Heard Mr. Ashok Saraogi, learned Advocate for the Applicant and Ms. Mhatre, learned APP for State. 2.
By the present Application, the Applicant is seeking the following relief :
"a) that this Hon'ble Court be pleased to relax the conditions appearing in the order dated 14th December, 2024 by way of permitting the Applicant to report the police station known as C. S. Pur within whose jurisdiction the Applicant is residing and to appear before Azad Maidan Police Station and/or any other police station as and when called on such terms as this Hon'ble Court may deem fit and proper." 3.
By order dated 14th December, 2024 in Bail Application
No. 2536 of 2024, the Applicant was released on bail. Bail Conditions at paragraph-20(a) to (h) read as under : "20. In view thereof, the following order:-
O R D E R
(a) The Applicant - Isan Aveya Bahera Sarvjeet be released on bail in connection with C.R. No.23 of 2024 registered with the Panvel City Police Station, Navi Mumbai on his furnishing P.R. Bond of Rs.1,00,000/- with one or two local solvent sureties in the like amount.
(b) The Applicant shall not enter the Raigad district after being released on bail, except for reporting to the Investigating Officer, if called, and for attending the trial.
(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicant shall report to the Azad Maidan Police Station, District - Mumbai City once every week i.e. on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Azad Maidan Police Station, District - Mumbai City to communicate details thereof to the Investigating Officer.
(e) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat. (h) The Applicant shall surrender his passport, if any, to the Investigating Officer."
4.
Condition in issue is the bail condition No. 2(d). 5.
Mr. Saraogi, learned Advocate for the Applicant submits that the Applicant is permanent resident of Odisha. He submits that the registered address of the Applicant is as referred to in the cause title of the present Application. He submits that the chargesheet is filed and the crime is registered as Sessions Case No. 1053 of 2024 pending before the Additional Sessions Judge, Panvel. He submits that the Applicant has appeared before the learned Trial Court in the said case and the Applicant undertakes to remain present before the learned Additional Sessions Judge, Panvel on each and every date of hearing. He submits that in view of the facts and circumstances and statements made in the Application by the Applicant, request made in the present Application be considered.
6.
Ms. Mhatre, learned APP for State, submits that the charge-sheet being filed and the case being registered as also the Applicant having appeared before the Additional Sessions Judge, Panvel, Bail Condition No. 20(d) can be modified to the limited extent that the Applicant be directed to appear before the Police Station once in a month i.e. on the first Sunday of every month as
per the time schedule fixed in the said condition. 7.
Mr. Saraogi, learned Advocate for the Applicant on instructions states that the Applicant is agreeable to the said course as suggested by the learned APP. He reiterates that the Applicant shall remain present before the learned Additional Sessions Judge, Panvel on each and every date of hearing, unless exempted. Statements are accepted.
8.
In view of the above, Bail Condition No. 20(d) is modified to below extent:
(d) The Applicant shall report to the Azad Maidan Police Station, District - Mumbai City once on the first Sunday of every month from 11.00 a.m. to 1.00 p.m. till framing of charge. The Police Inspector of Azad Maidan Police Station, District - Mumbai City to communicate details thereof to the Investigating Officer. 9.
It is clarified that all the other conditions of the bail shall remain in force.
10.
Interim Application No. 680 of 2025 is disposed of in the above said terms.
(ASHWIN D. BHOBE, J.)