1 cri.appln 231-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 231 OF 2011 Vikrant Vishal Malhotra @ Ajkay @ Vicky Malhotra @ Vijaykumar Rambadhai Chowdhari ...Applicant vs. The State of Maharashtra ...Respondent Mr.Nitin Sejpal for the Applicant. Mr.A.A. Mane, APP for the State. Mr.Ajay Sawant, API, DCB, CID, Mumbai, CORAM : U.D. SALVI, J. DATED : MARCH 28, 2011 P.C :- 1 Heard. Perused application. The appellant- accused, who has undergone almost 95% of the sentence imposed on him upon his conviction for the offences punishable under Sections 385, 387, 120B of the IPC, has moved this application for the relaxation of the condition stipulated for granting bail vide order dated 14th July, 2010. 2 cri.appln 231-2011 2 Order dated 14th July, 2010 reveals that this Court took into consideration :- 1) acquittal of the applicant-accused from the charges levelled against him under the provisions of the MCOC Act, 2) the applicant having undergone almost 95% of the sentence imposed on him for the offences under the Penal Code, and ordered to release the applicant- accused on bail of Rs.10,000/- with one or two sureties in the like amount subject to he attending the office of the DCB, CID, Mumbai, twice in a month. 3 According to the applicant-accused, he hails from Kolkata and is gainfully employed in his business in Kolkata, and he is required to suffer hardship in terms of loss of time and money due to travel he is required to undertake to reach the office of the DCB, CID, Mumbai from Kolkata. The applicant-accused further submits that he has exposed threats to his life and limbs at the instance of some gangsters, as a result of gangsters 3 cri.appln 231-2011 developing grudge and enmity against him and there is multiplication of this risk due to the travel he is required to undertake from Kolkata to Mumbai. Certainly, the travel between Kolkata and Mumbai involves hardship as well risk to his life in the circumstances alleged. However, it is pointed out by the prosecution that such hardships were conceivable at the time the order dated 14th July, 2010 was passed and yet the applicant-accused did not voice his concern at that time. 4 Idea of stipulating the condition to attend the office of the investigating machinery is to afford to the investigating machinery sufficient opportunity to keep tab on the convicted accused in case of his release on bail. Giving relaxation to the applicant-accused in attendance to the extent of attending office of the DCB, CID, Mumbai, once in three months as requested by the applicant would be counter-productive. However, it is necessary to strike balance between the hardship of the 4 cri.appln 231-2011 applicant-accused and the need to keep tab on the applicant-accused. Hence, the following arrangement would serve the purpose :- 1)The applicant-accused shall furnish to the DCB, CID, Mumbai, his mobile number as well as land- line number where he is permanently residing at Kolkata and shall give ring to the API Ajay Sawant of DCB, CID, Mumbai, from his landline every alternate Saturday of the week between 5 p.m. to 7 p.m. and shall attend the office of the DCB, CID, Mumbai, once in two months. 4 Order dated 14th July, 2010, particularly the condition requiring attendance in the office of the DCB CID Mumbai, stands modified as aforesaid. 5 Application stands disposed of. (U.D. SALVI, J.) 5 cri.appln 231-2011