Allowed

Namdeo S/O. Vyankatrao Ghuge v. the State of Maharashtra

Bombay HC17 Apr 2023APPLN/228/2019

Case brief

AI extract

What is this about?

In an application for relaxation of bail conditions, the Bench held that conditions requiring monthly police appearances and permission to leave the city had no propriety after years of pendency. The court substituted them with a requirement to inform the Anti Corruption Bureau of any change in contact details before disposal.

What did the court decide?

The court relaxed the conditions of reporting to police station every month and permission to leave the city, substituting them with a requirement to inform the Anti Corruption Bureau of any change in

Namdeo S/O. Vyankatrao Ghuge Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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(1)

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criapln228.19

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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44 CRIMINAL APPLICATION NO.228 OF 2019
IN APPLN/3449/2017 WITH APEAL/306/2017

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NAMDEO S/O. VYANKATRAO GHUGE

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VERSUS

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THE STATE OF MAHARASHTRA

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Mr. Jitendra N. Ghuge, Advocate for the applicant
Mrs. D. S. Jape, APP for the respondents/State

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CORAM : KISHORE C. SANT, J.

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DATE:17th APRIL, 2023

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P. C.

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1. Heard the learned advocate for the petitioner and

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learned APP for the respondents/State.

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2. The applicant is only praying for relaxation of

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condition i.e. Condition No. 2(i) and 2(ii) which read as under:

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[i]Pending disposal of the appeal, the applicant
shall appear and record his appearance before the
Anti Corruption Bureau, Parbhani on last working
day in every month in between 10.00 am to 12.00
noon till disposal appeal.

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[ii] The applicant shall not leave Parbhani City
without intimating the Anti Corruption Bureau,
Parbhani.

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(2) criapln228.19

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3.It is submitted by the learned advocate for the
applicant that his client is regularly attending the police station
and he has also furnished photo copies of the diary showing the
applicant is attending the police station regularly. He submits
that the appeal is admitted in the year 2017 and even now there
are no chances of listing the appeal for final hearing. The
applicant is now in advanced age of 69 years and still he is
required to attend police station every month. By clause 2(ii)
whenever he requires to go out of station, he finds it difficult to
get permission from the Anti Corruption Bureau, Parbhani. He
submits that in any case applicant is not likely to abscond as he
is convicted in the Anti-corruption matter. If he succeeds in the
appeal, the applicant would get all the pensionary benefits.

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4.Learned APP submits that in fact to ensure his

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presence in the appeal this condition was imposed by this court
and there is no reason to relax the condition.

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(3) criapln228.19

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5.After hearing the parties, this court finds that there is

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no propriety in keeping these conditions in force even after 5-6
years of the admission of the appeal. It is not certain when the
matter would come up for final hearing. In view of above, said
conditions referred above are relaxed and same shall be
substituted as below:

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[i]The applicant shall inform the Anti
Corruption Bureau, Parbhani about his contact
details like residential address and mobile number, if
there is any change.

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6.With this, the application stands disposed off.

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[KISHORE C. SANT, J.]

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VishalK/criapln228.19

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Namdeo S/O. Vyankatrao Ghuge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Namdeo S/O. Vyankatrao Ghuge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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