The court rejected an application to modify a bail condition. The applicant had previously failed to comply with both original and modified conditions, leading to bail cancellation. The existing condition was found to be without basis.
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(16)-APL-1114-21.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Digitally signed by BALAJI BALAJIGOVINDRAO GOVINDRAOPANCHAL PANCHAL Date: 2022.03.14 12:08:50 +0530
CRIMINAL APPLICATION NO.1114 OF 2021
Gurunath Sadashiv Phondekar ..Applicant
Versus
The State of Maharashtra ..Respondent
WITH INTERIM APPLICATION NO.729 OF 2022 IN CRIMINAL APPLICATION NO.1114 OF 2021
Bhushan Wadhwani and Ors. ..Applicants
(Intervenors)
IN THE MATTER BETWEEN
Gurunath Sadashiv Pohndekar ..Applicant
Versus
The State of Maharashtra ..Respondent
WITH INTERIM APPLICATION NO.74 OF 2022 IN CRIMINAL APPLICATION NO.1114 OF 2021
Sunil Kumar Bathija ..Applicant (Intervenor) IN THE MATTER BETWEEN Gurunath Sadashiv Pohndekar ..Applicant Versus The State of Maharashtra ..Respondent Dr. Abhinav Chandrachud i/by Akash Yadav & Sonali Bidwe, for the Applicant. Smt. Veera Shinde, APP for the Respondent/State. BGP. 1 o f 3
(16)-APL-1114-21.doc .
Mr. Arjun Dev i/by Dewani Associates, for the Intervenor.
Mr. Pradeep Warang, Senior PI, a/w Mr. Atul Nikam, PI, EOW,
Mumbai – present.
CORAM : NITIN W. SAMBRE, J.
DATE : 11th MARCH, 2022
P.C.
1.Heard.
2. This Court has ordered cancellation of bail of the
applicant vide a detailed order for non-compliance of the bail
condition.
3. The condition which is not complied with, underwent
repeated modifications at the behest of the applicant. The
assurances to comply with the same were not honoured. As a
consequence, this Court by a detailed order cancelled the bail.
4. By this application, the prayer is to modify the bail
condition, non-compliance of which has resulted into cancellation of
bail.
5. From the order of cancellation of bail, it is apparent that
the order of bail was enjoyed by the applicant for a quite long time
by not complying only the original condition but also the modified
condition.
6. The condition of bail of which modification is sought is
without any basis. Rather the condition which he was ordered to be
BGP. 2 o f 3
(16)-APL-1114-21.doc .
released was based on his own submissions. Same is appropriately
dealt with in the order of cacellation of bail. That being so, I hardly
see any reason which calls for grant of prayer of modification of the
bail condition.
7. That being so, application stands rejected.
8. In view of disposal of application, interim applications
also stand disposed of.
[NITIN W. SAMBRE, J.]
3 o f 3
BGP.
1 issue framed by the court
Whether to modify the bail condition upon which bail was previously cancelled due to non-compliance.
Gurunath Sadashiv Phondekar
State of Maharashtra
Bhushan Wadhwani
Sunil Kumar Bathija
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court