1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1441 OF 2010 IN CRIMINAL APPLICATION NO.3255 OF 2006 Gangadhar s/o Ramrao Kshirsagar. Applicant. V E R S U S State of Maharashtra and another. Respondents. Mr. Avinash Borulkar, Advocate for the applicant. Mr. D.V. Tele, Assistant Public Prosecutor for Respondents. CORAM : SHRIHARI P. DAVARE, J. DATE : 6TH MAY, 2010. PER COURT :- 1. Heard Mr. A.R. Borulkar learned counsel for the applicant, Mr. D.V. Tele, learned APP for the respondents. 2. This is an application preferred by the applicant requesting to relax the condition of attendance imposed upon him while granting bail in Criminal Application No.3255/2006 on 10 November, 2006 by this Court. 2 3. It is the contention of the applicant that he was arrested in connection with CR No.118/2006, registered at Kalamnuri Police Station, District Hingoli for the offence punishable under Section 409 of Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act. Hence, he preferred an application for bail i.e. Criminal application No.3225 of 2006 before this Court, which was allowed by order dated 10th November, 2006. However, while granting said application this Court imposed condition upon him that he shall attend the Police Station, Kalamnuri on every Sunday till filing of the Charge sheet and co-operate with the investigation. Hence, being aggrieved by the said order, the applicant has preferred present application for the prayers as set out therein. 4. It is the contention of the applicant that more than three and half years have been passed from passing the said order i.e. 10th November, 2006 of bail and the applicant has observed the said condition since then till the date but the prosecution has not filed charge sheet so far. Hence, it is the contention of the applicant that now, there is no necessity of attendance of the applicant to concerned Police Station on every Sunday as directed in the aforesaid order since period of three and half years has been elapsed and, therefore, requested that said condition of attendance be modified. 5. Considering the fact that more than three and half years have been elapsed from passing the aforesaid order of granting bail to the applicant 3 and considering the fact as contended by the learned counsel for the applicant that he has attended the concerned Police Station so far on every Sunday as per the condition imposed upon him while granting bail and further considering the fact that the prosecution has not filed charge sheet, I am of the view that said condition imposed upon the applicant in respect of giving attendance to concerned Police Station on every Sunday till filing charge sheet deserves to be modified to some extent. Moreover, learned APP also did not press the presence of the applicant at the concerned Police Station on every Sunday as per the aforesaid condition and therefore also present application needs to be considered for relaxation of the said condition. However, simultaneously presence of the applicant is required to be ensured at the concerned Police Station as and when required and therefore interest of justice warrants that condition of attendance to concerned Police Station on every Sunday till filing charge sheet imposed upon applicant needs to be modified and it is required to be directed to the applicant to attend concerned Police Station, as and when required on written intimation and to cooperate with the investigation. 7. In the result, present application is allowed partly and condition imposed upon the applicant while granting Bail in Criminal Application No. 3255/2006 on 10th November, 2006 that “applicant shall attend to the Kalamnuri Police Station on every Sunday till filing of charge sheet and co- operate with the investigation” stands modified and applicant is directed to 4 attend the Kalamnuri Police Station in connection with CR No.118/2006 as and when required on written intimation, till filing of the charge sheet and shall cooperate in the investigation. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ..... aaa/1441.10