Francis Joseph v. State Of Maharashtra

Shivgan 908-IA-3703-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3703 OF 2025 IN BAIL APPLICATION NO. 3786 OF 2024 Francis Joseph ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ashley Cusher, for the Applicant.

Ms. Megha S. Bajoria, APP for the Respondent-State.

CORAM

DR. NEELA GOKHALE, J.

DATED:

05TH DECEMBER 2025 PC:- 1.

By this Interim Application, the Applicant seeks modification of clauses (vi) and (iv) of paragraph 9 of order dated 30th April 2025 and to permit the Applicant to reside at his permanent address in Delhi and to appear before the Trial Court once in every quarter, or on any other periodic basis.

Shivgan 908-IA-3703-2025.doc 2.

Mr. Ashley Cusher, learned counsel appearing for the Applicant, submits that the Applicant is a permanent resident of Kerala however, he resides at Delhi and has his business at Delhi. He submits that the Applicant needs to visit his grandmother at Kerala. He thus, seeks modification of the aforesaid clauses of paragraph 9 of said order.

3.

Ms. Megha Bajoria, learned APP representing the State in the matter, submits that the clause (vi) sought to be modified by the Applicant, permits the Applicant to leave the State of Maharashtra with prior permission of the Trial Court. She submits that till date, the Applicant has not made any attempt to seek permission of the Trial Court to establish his bonafide. She submits that if the Applicant is permitted to leave the State of Maharashtra, it will be difficult for the Enforcement Agency to secure the presence of the Applicant in the ongoing trial. Hence, she prays that the Application be rejected.

Shivgan 908-IA-3703-2025.doc 4.

Heard learned counsel appearing for the respective parties and perused the record with their assistance. 5.

Admittedly, Mr. Cusher, has placed on record, driving licence of the Applicant, which indicates that the Applicant is resident of Delhi. Averments in the Application also indicate that the Applicant has business in Delhi and is also residing in Delhi. Till date, charges are not framed. In these circumstances, it is not desirable that the Applicant is restrained from conducting his business in Delhi. 6.

In view of the aforesaid, I am inclined to modify only clause (vi) of paragraph 9 of the order dated 30th April 2025 and permit the Applicant to travel beyond the State of Maharashtra to Delhi. However, in addition to the condition imposed in the order dated 30th April 2025, the Applicant shall also attend the local Police Station, which has jurisdiction of West Patel Nagar, Central Delhi, 110 008, once in a fortnight, i.e., on every 2nd and 4th Saturday of a month between 9.00 a.m. and 11.00 a.m.

Shivgan 908-IA-3703-2025.doc 7.

Rest of the order remains as it is.

8.

The Interim Application is partly allowed and disposed of.

(DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.12.06 10:52:13 +0530 SHAMBHAVI NILESH SHIVGAN