In this criminal application, the applicant sought relaxation of the bail condition requiring attendance at the trial court in Mangaon. The court waived this condition given the applicant's residence in Karad and difficulty traveling.
The condition of attending the trial court on the first Monday of each calendar month is waived.
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(17)APPANo.5152018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.515 OF 2018 IN
CRIMINAL APPEAL NO.158 OF 2015
Prakash Mahadeo Patil ... Applicant V/s. The State of Maharashtra ... Respondents
Ms.Prabha Badadare i/b. Mr.Meghashyam K. Kocharekar, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 9th APRIL 2018.
P.C. :
1 This is an application for relaxation of condition of attendance before the trial Court on first Monday of each calender month imposed by this Court vide Order dated 4th February 2015 while enlarging the applicant on bail.
2 The applicant/accused was convicted of offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. He has challenged his
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(17)APPANo.5152018
conviction and resultant sentence by filing the appeal and while enlarging him on bail, this Court had directed him to attend the learned trial Court on first Monday of each calender month.
3 Heard the learned Advocate appearing for the applicant/accused as well as the learned Additional Public Prosecutor.
4 The learned Advocate appearing for applicant submitted that the applicant has been convicted and sentenced by the learned Additional Session Judge, Mangaon, District Raigad and the applicant is now residing at Karad and, therefore, it is difficult for him to attend the said Court at Mangaon.
5 Considering the reason stated in the application, which is on affidavit, the condition of attending the trial Court on first Monday of each calender month by the applicant, who, at the relevant time, was the public servant, is waived.
(A.M.BADAR J.)
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2 issues framed by the court
Whether to waive the condition of attending the trial court on the first Monday of each calendar month.
Whether the applicant's residence distance justifies seeking relaxation of bail conditions.
Prakash Mahadeo Patil
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
