(1) Cri. Application No. 3804 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3804 of 2011 (In Criminal Application No. 5423 of 2010) Balaji s/o. Namdeo Chavan, Age : 45 years, Occupation : Service, R/o. Plot No.1, Vishal Nagar, Opp. Kada Office, Garkheda Area, Aurangabad. .. Applicant. versus The State of Maharashtra, through Gangapur Police Station, Taluka : Gangapur, District : Aurangabad. .. Respondent. ....................... Mr. D.R. Irale Patil, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 23RD SEPTEMBER 2011 (2) Cri. Application No. 3804 of 2011 COURT'S ORDER : 1. Perused the contents of the application and heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant for modification of the condition of attendance imposed upon the applicant while granting bail on 10-1-2011 in Criminal Application No. 5423 of 2010, by this Court. 3. By the order passed in the said Application on 10-1-2011, the applicant was granted bail and he was directed to give attendance before the investigator at Gangapur Police Station, on every Sunday between 4.00 p.m. to 8.00 p.m. till filing of the charge sheet, and he was directed not to influence upon witnesses. 4. As regards condition of attendance, learned Counsel for the applicant submits that it has been observed by this Court, while granting bail to the applicant, that role of the applicant is minimal in the alleged offence. He further submits that the applicant is working as a Clerk, and therefore, attendance once in a week is not necessary. Besides, learned Counsel for the applicant submitted that the applicant has given attendance as per (3) Cri. Application No. 3804 of 2011 the earlier directions for the last 8 - 9 months. Hence, the applicant has sought relaxation of condition in respect of attendance to the concerned Police Station, in the present application. 5. Learned APP, for the respondent, opposes the application contending that the investigation has not been completed and charge sheet has not been filed, and therefore, submitted that there is no substance in the application, and same be dismissed. 6. Considering the rival submissions, the condition of attendance has been imposed upon the applicant, to facilitate the investigation, and therefore, the said condition of attendance deserves to be maintained till filing of the charge sheet. However, instead of giving attendance once in a week, it can be modified to the extent of once in a fortnight, in the interest of justice. 7. In the result, present Criminal Application is partly allowed, and the applicant is directed to give attendance before the concerned investigator on alternate Sunday, between 4.00 p.m. to 8.00 p.m., till filing of the charge sheet, and earlier order dated 10-1-2011 stands modified to that extent, and other (4) Cri. Application No. 3804 of 2011 conditions shall remain same. 8. Present Criminal Application stands disposed of finally. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3804