Allowed

Harshal Subhashrao Timande v. State of Maharashtra and Anr.

Bombay HC6 Feb 2024/349/2024

Case brief

AI extract

What is this about?

This judgment records an interim application by an appellant to modify a bail condition requiring monthly reporting to the police station. The High Court considered the appellant's employment with a Nationalized Bank and modified the condition to permit reporting on the first Sunday of the month instead of the first Monday.

What did the court decide?

The condition for the appellant to attend the police station was modified from 'every first Monday' to 'every first Sunday' of the month.

Harshal Subhashrao Timande Vs State of Maharashtra… — Criminal Trial and Appeal | Bombay HC (2024)

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Osk 32-Ia-349-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 349 OF 2024 IN

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CRIMINAL APPEAL NO. 21 OF 2023

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Harshal Subhashrao Timande

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… Applicant/Appellant

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V/s.

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The State of Maharashtra & Anr.

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… Respondents

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Mr. Vrushali L. Maindad a/w. Shaheeb Kapadia for Applicant/Appellant. Mr. J.P. Yagnik, A.P.P. for Respondent No.1-State. Ms. Mrunmai G. Kulkarni for Respondent No.2. P.S.I. Mr. B.R. Darade, Ambernath Police Station is present.

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CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ. DATE : 6^th February 2024.

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P.C. :

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1. This is an application for modification of part of condition No.

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(ii) imposed upon the Applicant while releasing him on bail by Order dated

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31^st January 2023 in Criminal Appeal No. 21 of 2023.

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1. The said condition No. (ii) reads as under :

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“After his release from Jail, Appellant shall attend Ambernath Police Station, Dist. Thane, on every alternate Monday between 10.00 a.m. and 12.00 noon initially for a period of three months and subsequently, on every first Monday of the month between

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10.00 a.m. and 12.00 noon during the pendency of trial.”

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Osk 32-Ia-349-2024.doc

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Learned Advocate for Applicant submitted that, the first part of the said condition has been complied with by the Applicant, however as far as second part of the condition i.e. reporting to the concerned Police Station on every first Monday of the month between 10.00 a.m. and 12.00 noon is concerned, it is onerous condition, as the Applicant is employed with Bank of Baroda and it is difficult for him to take leave on every first Monday of the Month.

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Learned counsel appearing for Respondent No.2 submitted that, appropriate Orders in the interest of justice may be passed.

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Record indicates that, after his release from Jail, the Applicant has diligently complied with the first part of the said condition i.e. attending the concerned Police Station on every alternate Monday between 10.00 a.m. to 12.00 noon for first year.

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As the Applicant is employed with a Nationalized Bank, we are inclined to modify the second part of the condition and permit him to attend the concerned Police Station, i.e. Ambernath Police Station, District Thane on every first Sunday of the month between 10.00 a.m. and 12.00 noon during the pendency of trial. The condition No.(ii) of Order dated 31^st January 2023 is accordingly modified.

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Interim Application is allowed in the aforesaid terms.

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( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )

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Digitally signed OMKAR by OMKARSHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2024.02.12 16:53:14 +0530

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Harshal Subhashrao Timande v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Harshal Subhashrao Timande v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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