IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
The condition requiring attendance at the police station on each Sunday between 12.00 noon to 5.00 p.m. till filing of the chargesheet was revoked.
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criapln1756-2016
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1756 OF 2016
1. Ashwini w/o Bhavesh Parlikar, Age : 35 years, Occu. Service, R/o Kalva Thane, Mumbai
2. Bhavesh s/o Satish Parlikar, Age : 40 years, Occu. Service, R/o Kalva Thane, Mumbai APPLICANTS
VERSUS
The State of Maharashtra,
through the Police Inspector,
Nanalpeth Police Station,
Parbhani, Tq. & Dist. Parbhani
RESPONDENT
Mr. Sujeet D. Joshi, Advocate for the applicants
Mr. A.S. Shinde, A.P.P. for the respondent-State
CORAM: M.T. JOSHI, J.
DATE : 12/04/2016
ORAL ORDER :
1. Heard both sides.
2. The present applicants who were released on
anticipatory bail by the learned Additional Sessions
Judge, Parbhani, vide order dated 06.01.2016, passed in
Criminal Misc. Application No. 2/2016, in Crime No.
236/2015, registered with Nanalpeth Police Station,
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District Parbhani, registered for the offences
punishable under section 498A, 313, 420, 323, 504 and
506 read with section 34 of the I.P. Code, are praying
for relaxation of the condition which was imposed vide
clause No. 3 of the operative part of the aforementioned
order that the applicants shall attend the concerned
police station on each Sunday between 12.00 noon to 5.00
p.m. till filing of the chargesheet.
3.As detailed supra, the said order was passed on
6th January, 2016. The chargesheet is not yet filed.
Therefore, the applicants filed an application before
the learned Sessions Judge for relaxation of the
condition. However, the learned Sessions Judge rejected
the said application on 5th February, 2016, on the ground
that releasing the applicants on anticipatory bail had a
pre-condition of attendance to the police station.
4.Considering the period elapsed from the date of
the release of the applicants on anticipatory bail and
finding that the purpose of attendance of the applicants
to have investigation/interrogation is now fulfilled,
the condition regarding attendance by the applicants to
the concerned police station on each Sunday between
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12.00 noon to 5.00 p.m. till filing of the chargesheet,
imposed by the learned Adhoc Additional Sessions Judge,
Parbhani, vide order dated6th January, 2016, is hereby
revoked.
.The present application is accordingly allowed
and disposed of.
JUDGE
npj/criapln1756-2016
2 issues framed by the court
Whether U.s. 35 of the Code of Criminal Procedure allows relaxation of anticipatory bail conditions after the目的是为了调查 ended.
Whether the condition requiring attendance at the police station on Sunday should be revoked given that investigation purposes have been fulfilled.
1 provisions across 1 enactments
Ashwini w/o Bhavesh Parlikar
Bhavesh s/o Satish Parlikar
The State of Maharashtra
M.T. JOSHI
As recorded by the court registry
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