The High Court relaxed a bail condition restricting the applicant from leaving Mumbai, permitting movement to Mathura for business purposes despite residence in UP, subject to appearing on notice.
Permission to leave Mumbai and travel to Mathura without prior permission from the concerned Metropolitan Magistrate.
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.
appln.94-2018.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 94 OF 2018
Manohar Chaturvedi & Anr. ..Applicants Vs The State of Maharashtra ..Respondent -----
Mr. Akash A. Singh I/b Mr. A.M. Saraogi for the Applicants. Mr. Amit Palkar, APP for State.
CORAM : A.S.GADKARI, J. DATE : 11th March 2019.
P.C.:
1] This is an application for relaxation of condition No.3(d) imposed upon the applicant while granting him pre-arrest bail by the Additional Sessions Judge, City Civil Court, Borivali Division, Dindoshi,
Mumbai by its Order dated 29th April 2017 in A.B.A. No.686 of 2016. The said condition No.3(d) reads as under:
“The applicant/accused Nos.2 and 3 shall not leave Mumbai
without prior permission of the concerned Court of the Metropolitan Magistrate.”
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appln.94-2018.doc
2] The learned counsel for the applicants submitted that, the applicants are in-laws of the first informant and are ordinary residents of
Mathura, State of Uttar Pradesh. That the applicant No.1 is having his business at Mathura and due to his non-attendance at the said place, he is suffering monetary losses. He, therefore, prayed that the said condition imposed upon the applicants may be waived.
The learned APP fairly conceded to the said fact and submitted that appropriate orders in the interest of justice may be passed.
3] In view of the above and for the reasons stated in the application, the said condition No.3(d) imposed upon the applicants by an Order dated 29th April 2017 is hereby modified and the applicants are permitted to leave Mumbai and to to Mathura without prior permission of the concerned Metropolitan Magistrate. However, the applicants are directed to attend the Trial Court after receipt of notice of appearance on stipulated dates.
4] Application is allowed in the aforesaid terms.
(A.S.GADKARI, J.)
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2 issues framed by the court
Whether the condition restricting the applicant from leaving Mumbai without prior permission should be relaxed.
Whether the applicant is permitted to travel to Mathura without seeking permission from the Metropolitan Magistrate.
Manohar Chaturvedi
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
