The High Court at Aurangabad allowed two criminal applications sought to revoke the bail condition requiring the applicants to attend the police station every Sunday upon completion of investigation and one year of compliance.
Revoked the condition requiring the applicants to attend the police station once a fortnight.
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.
1 Cr. Appln. 1948/2016+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1948 OF 2016 IN
CRIMINAL APPLICATION NO. 1684 OF 2015
Tukaram S/o Bapurao Tambe.. Applicant
Vs.
The State of Maharashtra.. Respondent
AND CRIMINAL APPLICATION NO. 1947 OF 2016 IN CRIMINAL APPLICATION NO. 1459 OF 2015
Sominath S/o Balu Tambe.. Applicant
Vs.
The State of Maharashtra.. Respondent
Mr. Rupesh A. Jaiswal, Advocate for the applicants in both
matters
Mr. M.B. Bharaswadkar, A.P.P. for the respondent-State
CORAM: M.T. JOSHI, J.
DATE : 11/04/2016
ORAL ORDER:
Heard both sides.
2.The present applicants who were released on
bail in view of the order passed by this Court vide
common order dated 07/04/2015 passed in Criminal
Application No. 1684 of 2015 and Criminal Application
2 Cr. Appln. 1948/2016+
No. 1459 of 2015, are seeking relaxation of the
condition. The applicants were arrested for the
offence punishable under section 302 r/w. 34 of the
Indian Penal Code on circumstantial evidence.
.While passing the aforesaid order, this Court
has directed that the applicants shall attend the
concerned Police Station once a fortnight, preferably
on every Sunday between 3.00 pm and 4.00 pm till the
charge is framed by the learned Sessions Judge.
3.Learned counsel for the applicants submits
that though the order is passed one year preceding the
present application, the charge is yet to be framed and
for last one year, the applicants are attending the
Police Station.
4.Perused the copy of the order passed by this
Court on 07/04/2015. Considering all the material on
record and the fact that the investigation is now
complete and the present applicants are now complying
with the said order for a period of one year, the said
condition of attending the Police Station, is hereby
revoked.
3 Cr. Appln. 1948/2016+
5.Both the Applications are accordingly allowed
and disposed of.
[M.T. JOSHI]
JUDGE
arp/
1 issue framed by the court
Whether the condition to attend the police station every Sunday be revoked since the investigation is complete and the condition has been complied with for one year?
Tukaram S/o Bapurao Tambe
Sominath S/o Balu Tambe
The State of Maharashtra
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court