The High Court allowed the applicant, a convicted accused on bail, to dispense with the condition of attending the trial court monthly. The court noted the appeal is pending and made the judge's presence sufficient.
Condition No.(c) in the order dated 3rd May 2018 requiring attendance at the trial court is dispensed with.
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.
11-APPA-1466-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1466 OF 2019
IN
CRIMINAL APPLICATION NO.685 OF 2018
IN
CRIMINAL APPEAL NO.497 OF 2018
PRADEEP SUKUMAR BOSE)...APPLICANT
V/s.
THE STATE OF MAHARASHTRA & ANR.)...RESPONDENTS
Mr.Vardhan Jain a/w. Ms.Sonam Achrekar i/b. D.M.Legal
Ventures, Advocate for the Applicant.
Mr.A.R.Kapadnis, APP for the Respondent - State.
CORAM:A. M. BADAR, J.
DATE:11th OCTOBER 2019
P.C.:
1 This is an application for modification in order dated3rd May 2018 passed in Criminal Application No.685 of 2018 in
Criminal Appeal No.497 of 2018. The applicant/convicted
accused wants to get Condition No.(c) in the said order relaxed.
2Heard both sides.
avk 1/2
11-APPA-1466-2019.doc
3The applicant/convicted accused had presented the
appeal and in that appeal, he applied for suspension of sentence
and for releasing him on bail. Granting the said relief, this court
vide order dated 3rd May 2018 had directed him to attend the trial
court on every first Monday of the month between 11.00 a.m. to
2.00 p.m.
4I see no propriety in continuing this condition as the
appeal is pending before this court and the applicant/convicted
accused is resident of Delhi. His presence can be secured in this
appeal itself and therefore, the order :
ORDER
i)Condition No.(c) in the order dated 3rd May 2018 passed
in Criminal Application No.685 of 2018 in Criminal Appeal
No.497 of 2018 is dispensed with.
ii)The application is disposed off accordingly.
(A. M. BADAR, J.)
avk 2/2
2 issues framed by the court
Whether to continue the condition of attending the trial court on every first Monday of the month when the appeal is pending before this High Court.
Whether to relax the condition of personal attendance on the applicant who is a resident of Delhi and whose presence can be secured in the pending appeal.
PRADEEP SUKUMAR BOSE
THE STATE OF MAHARASHTRA
ANR
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court