AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.568 OF 2009 IN CRIMINAL APPEAL NO.260 OF 2007 Rakesh Kantilal Amadaka ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Arfan Sait, advocate appointed for the petitioner. Mr. A.S. Gadkari, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 22ND JUNE, 2009. P.C.:- 1. The petitioner was tried in Sessions Case No.l00 of 2005 in the Court of Sessions for Greater Bombay for offences punishable under Sections 120-B, 452, 302 read with Section 34 of the Indian Penal Code (for short, “the IPC”). By judgment and order dated 11/7/2006, learned AJN 2 Sessions Judge acquitted the petitioner. The State of Maharashtra has filed an appeal against the said judgment. The said appeal was admitted by this court on 21/2/2007. This court ordered action under Section 390 of Code of Criminal Procedure (for short, “the Code”). Pursuant to the said order, the petitioner was arrested. We are informed that the petitioner had made an application through jail for his release on bail sometime in the month of April, 2008 and he was ordered to be released on bail by this court on 26/6/2008 in the sum of Rs.10,000/- with one surety. 2. It appears that the petitioner was not able to comply with these conditions and, hence, he is still in jail. He has, therefore, filed this application praying that the conditions imposed by this court may be modified. 3. We have heard Mr. Sait, learned counsel who is appointed by us to appear for the applicant. We have also heard learned A.P.P. appearing for the State. AJN 3 4. Considering the fact that the petitioner was acquitted by the trial court, in our opinion, the order of bail passed by this court needs to be modified to enable the petitioner to avail of the bail. In our opinion, the following order will meet the ends of justice. 5. Order dated 26/6/2008 in Criminal Application No. 603 of 2008 is modified to the following extent. The petitioner is ordered to be released on bail on his executing a personal bond. The petitioner hails from Morabi, Rajkot, Gujarat. The petitioner shall furnish the address of the place where he is going to reside while on bail, to the Registry of this court and to the Parkside Vikhroli Police Station. In case, he changes his address, he shall intimate the same to the Registry of this court as well as to the Parkside Vikhroli Police Station. While on bail, the petitioner shall attend the nearest police station once in a month. Application is disposed of. AJN 4 6. This order be communicated to the petitioner in the jail. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]