Tushar Ashok Bhagat vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Tushar Ashok Bhagat vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

General relaxation of Condition No. 7(iii) declined; limited one-day permission granted to the Applicant to enter Navi Mumbai on 23rd June 2025 from 10.00 a.m. to 4.00 p.m. to visit his ailing mother's residence, on his advocate's undertaking to leave the jurisdiction of Navi Mumbai, Raigad and Thane District by 4.00 p.m.; presence beyond 4.00 p.m. on that day to be treated as violation of the bail condition.

Issue for consideration

Whether Condition No. (iii) of the order dated 21st August 2024 in B.A. No. 2616 of 2024, restraining the Applicant from entering the territorial jurisdiction (of Navi Mumbai, Raigad and Thane Police Stations), should be relaxed. +1 more

Court's answer

The Court was not inclined to entertain the Application seeking general relaxation of the bail condition, the conditions having been imposed by this Court consciously of the offences charged in the crime (which include MCOCA offences).

Ratio / Principle

On the undertaking of learned counsel for the Applicant that he would visit his mother's residence on 23rd June 2025 between 10.00 a.m. and 4.00 p.m. and leave the jurisdiction of Navi Mumbai, Raigad and Thane District latest by 4.00 p.m. that day (a visit to which the learned A.P.P. raised no objection), the Applicant was permitted to enter Navi Mumbai on 23rd June 2025 from 10.00 a.m. to 4.00 p.m. only.

Key takeaways

If the Applicant is found within the jurisdiction of Navi Mumbai beyond 4.00 p.m. on 23rd June 2025, that presence shall be treated as violation of the bail condition by the Applicant.ratio¶¶30

Detailed headnote1 paragraphs

Criminal — Bail — Relaxation of bail condition — Applicant, released on bail by order dated 21 August 2024 in Criminal Bail Application No. 2616 of 2024 subject to Condition No. 7(iii) barring entry into the territorial jurisdiction of Navi Mumbai, Raigad and Thane Police Stations till conclusion of trial (offences include those under the Maharashtra Control of Organised Crime Act, 1999), sought relaxation of the condition on the ground that his mother is ailing. Held: (i) general relaxation declined — the bail conditions were imposed by the Court consciously of the offences charged in the crime; (ii) however, on the undertaking of learned counsel for the Applicant, unopposed by the learned A.P.P., the Applicant was permitted to enter Navi Mumbai solely on 23 June 2025 from 10.00 a.m. to 4.00 p.m. to visit his mother's residence, and to leave the jurisdiction of Navi Mumbai, Raigad and Thane District latest by 4.00 p.m. that day; (iii) presence in the jurisdiction of Navi Mumbai beyond 4.00 p.m. on 23 June 2025 to be treated as violation of the bail condition. Interim Application No. 5249 of 2024 disposed of. — Ashwin D. Bhobe, J.

904-IA-5249-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 5249 OF 2024 IN

CRIMINAL BAIL APPLICATION NO. 2616 OF 2024

Tushar Ashok Bhagat ...Applicant

Versus

The State of Maharashtra ...Respondent

Mr. Ramakant Paranjape i/b Mr. Vivek N. Arote, learned Advocate for the Applicant.

Mr. Vinod Chate, learned A.P.P. for the State/Respondent.

CORAM : ASHWIN D. BHOBE, J. DATE : 13^th JUNE 2025.

P.C. :

Heard Mr. Ramakant Paranjape, learned Advocate for the Applicant and Mr. Vinod Chate, learned A.P.P. for the State/Respondent.

By order dated 21^st August 2024, the Applicant was released on bail, on the conditions mentioned in Paragraph Nos. 7(i) to (vii).

By the present Application, the Applicant has sought for the following relief :-

“a) That this Hon’ble Court may be pleased to relax Condition No. (iii) from the order passed on 21^st August 2024 in B. A. No. 2616 of 2024 as regards in not enter Page 1 of 3

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904-IA-5249-2024.doc

within the territorial jurisdiction.”

Bail Condition No. 7(iii) of the order dated 21^st August 2024 reads as follows :-

“iii) The Applicant shall not enter within the territorial jurisdiction of Navi Mumbai, Raigad and Thane Police Stations, till conclusion of the trial, except for attending the trial.”

Mr. Ramakant Paranjape, learned Advocate for the Applicant submits that the mother of Applicant is ailing and therefore, the Applicant has to attend his mother. He therefore submits that Clause 7(iii) of the order dated 21^st August 2024 be relaxed.

Mr. Vinod Chate, learned A.P.P. for the State/Respondent strongly opposes the present Application on the ground of the offences being serious in nature, which include The Maharashtra Control of Organised Crime Act, 1999 (“MCOCA” for short).

I am not inclined to entertain the present Application, as the bail conditions, which are imposed by this Court, being conscious of the offences charged in the crime.

However, Mr. Ramakant Paranjape, learned Advocate submits that the Applicant be permitted to visit his mother residing in Navi Mumbai for a single day, i.e., on 23^rd June 2025 from 10.00 a.m. to 4.00 p.m. He submits that the visit would be restricted to the residence of his mother and he would leave the jurisdiction of Navi Mumbai latest by 4.00 p.m. on 23^rd June 2025.

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Mr. Vinod Chate, learned A.P.P. does not object for the single day visit of the Applicant.

In view of the above and on an undertaking given by Mr. Ramakant Paranjape, learned Advocate that the Applicant will visit the residence of his mother on 23^rd June 2025 from 10.00 a.m. to 4.00 p.m. and leave the jurisdiction of Navi Mumbai, Raigad and Thane District, latest by 4.00 p.m. on that day, Applicant is permitted to enter Navi Mumbai on 23^rd June 2025 from 10.00 a.m. to 4.00 p.m.

In the event the Applicant is found in the jurisdiction of Navi Mumbai beyond 4.00 p.m. on 23^rd June 2025, the same shall be treated as violation of the bail condition by the Applicant.

In view of the above, Interim Application No. 5249 of 2024 stands disposed of.

[ASHWIN D. BHOBE, J.]

Digitally signed by GITALAXMI GITALAXMI KRISHNA KRISHNA KOTAWADEKAR KOTAWADEKAR Date: 2025.07.25 20:00:00 +0530

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