1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1059 OF 2011 Subhash Suryaprasad Mishra Applicant versus State of Maharashtra Respondent Mr.S.V.Marwadi i/by Smt.Mallika Ingale for applicant. Mr.Rajesh More, APP for State. CORAM : RANJIT MORE, J. DATE : 13th December 2011 PC : 1. Heard learned counsel for respective parties. The applicant alleged to have committed offences under sections 302, 201 read with section 34 of Indian Penal Code. He was arrested on 18th March 2011, however, charge sheet could not be filed within 90 days from the date of his arrest. Therefore, he was released on bail on 17th June 2011 under section 167(2) of the Code of Criminal Procedure by learned Magistrate. The applicant was released subject to following conditions : "(a) The applicant shall attend the Manor Police Station, Tq. Palghar on each Tuesday and Saturday during 10 AM to 02.00 PM, till filing of Charge Sheet; (b) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (c) The applicant shall not commit the similar offence." 2. The present application is filed for relaxation of condition no.(1) referred above. 2 3. Admittedly, the applicant has been reporting to Manor Police Station as contemplated in order of release on bail. In the mean time, the investigation of the CR No.I-22/2011 was transferred to State CID in pursuance of the order of this Court in Writ Petition No.254 of 2011. After transfer of the investigation, the applicant is reporting to State CID, at Pune with effect from 27th August 2011 on every Tuesday and Saturday. 4. Learned counsel for the applicant submitted that the applicant is residing at Mumbai. He is doing his business at Mumbai and is frequently required to visit outside Mumbai for that purpose. The investigation is still not completed. It is therefore submitted that the condition of reporting to the investigating agency be relaxed and the applicant may be permitted to report once in a month. The applicant undertakes to co-operate with the investigation. 5. Learned APP tenders a communicated forwarded by Additional Police Superintendent, ADR Cell, Crime Branch, Pune dated 5th December 2011. The authority concerned has stated that the applicant has been reporting to the investigating agency regularly. So also, the applicant has also reported the investigating agency as and when called. The concerned authority gave no objection to relax the condition of attending the office of investigating agency and it is stated that the applicant be directed to report once in a fortnight. The letter dated 5th December 2011 is taken on record and marked `X' for identification . 6. Taking into consideration over all facts and circumstances of the case and the stand taken by the investigating agency namely State CID, I am of the view that the condition directing the applicant to report every Tuesday and Saturday to the investigating agency deserves to be relaxed. The applicant is accordingly directed to report State CID, Pune once in a month i.e. on 1st Saturday of every month till filing of charge sheet. The applicant is further directed to report to the State CID, Pune as and when 3 called irrespective of his attendance on 1st Saturday of every month for the purposes of speedy investigation. (RANJIT MORE, J.)