Chaitanya Umesh Rohankar v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR INTERIM APPLICATION NO.3129 OF 2025 IN CRIMINAL APPEAL NO.135 OF 2025 SATISH RAMCHANDRA SANGAR Date: 2025.09.20 12:16:59 +0530 Chaitanya Umesh Rohankar ...Applicant In the matter between:- Chaitanya Umesh Rohankar ...Appellant V/s.

The State of Maharashtra and Anr.

...Respondents

***** Mr.Nitin Gaware Patil a/w Mr.Shantanu Kolhe:- Advocates for Applicant/Appellant.

Smt.Shilpa Gajare:- APP for Respondent No.1-State.

Mr.Harshal Ahirrao - API:- Gangapur Police Station-Nashik.

*****

CORAM

:

S. M. MODAK, J.

DATE :

16th SEPTEMBER 2025 P. C. :- 1.

Heard learned Advocate Shri.Gaware Patil for the Applicant / Accused No.2 and learned APP. The Officer from the concerned Police Station is present.

2.

This Appellant was directed to give attendance to Gangapur Police Station - Nashik once in a month on first Monday till framing 1/3

of charge. This order is passed on 20th March 2025. Since then he has given attendance on 6 dates. The charge is not yet framed. Two Accused are on bail.

3.

Whereas, this Court while allowing the Appeal for the main Accused No.1 has released him on a regular bail and attendance to Police Station was directed as and when required. This Application is for relaxation of the condition.

4.

Learned APP submitted that notice has to be issued to Respondent No.2. She is right. The provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC & ST Act") says so. However in given set of facts, on the basis of hearing the learned Advocate for the Applicant and learned APP, this Court can certainly decide this Application. The reason is, while granting bail, one of the Accused was directed to give attendance as and when required. Whereas, the Applicant who is having secondary role was asked to give attendance once in a month till framing of charge. This warrants me to decide the Application without hearing the victim. Hence the following order:-

O R D E R

(a) The Application is allowed.

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(b) The condition No.(iv) of the order dated 20 th March 2025 asking him to give attendance once in a month till framing of charge is modified as follows:- (i) The Applicant is directed to give attendance to the concerned Police Station as and when required. 5.

With these observations, the Application stands disposed of. [S. M. MODAK, J.] 3/3