The High Court allowed an application to revoke a bail condition requiring weekly attendance at the police station, noting the applicant was complying despite an unresolved chargesheet in a multi-accused case.
The condition of attending the investigating officer once a week imposed by the order dated 13th July, 2015, is revoked.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
criapln1443-2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1443 OF 2016
(Rajendra Mandanlal Pipada Vs. The State of Maharashtra)
Mr. Amol S. Sawant, Advocate for the applicant
Mr. A.R. Borulkar, A.P.P. for the respondent-State
CORAM: M.T. JOSHI, J.
DATE : 01/04/2016
ORAL ORDER:
1. Heard both sides.
2.By order dated 13th July, 2015 passed by this
Court in Criminal Application No. 2417/2015, the present
applicant was directed to be released on bail in Crime
No. I-40/2015, registered with Kotwali Police Station,
Ahmednagar, District Ahmednagar for the offences
punishable under section 417, 420, 408, 409 of the
Indian Penal Code. Vide the said order, a condition was
imposed that the present applicant shall attend the
investigating officer once in a week on every Sunday
till the chargesheet is filed.
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3.Mr. A.S. Sawant, learned counsel for the
applicant, submitted that since there are 54 accused
involved in the offence, the chargesheet is not yet
filed by the investigating officer though the
anticipatory bail was granted to the applicant on 13th
July, 2015. The applicant is regularly attending the
investigating officer once in a week. In the
circumstances, he submitted that since it would take
long time for filing of the chargesheet and since the
applicant is facing difficulty in attending the police
station on every Sunday, the said condition may be
relaxed.
4.Learned A.P.P. opposed the application. He
submitted that the report received from the
investigating officer would show that as per the
investigating officer, the applicant is not cooperating
in investigation.
5.Taking into consideration all the facts on
record, the application is allowed. The order dated 13th
July, 2015, passed by this Court in Criminal Application
No. 2417/2015, directing the present applicant to attend
the investigating officer once in a week, is hereby
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revoked. The application accordingly stands disposed
of.
[M.T. JOSHI] JUDGE
npj/criapln1443-2016
1 issue framed by the court
Whether the condition of attending the investigating officer weekly can be relaxed in a bail order.
Rajendra Mandanlal Pipada
The State of Maharashtra
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court