FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3521 OF 2011 in APPLN/2144/2011 SUMITRA UTTAM KHARAT VERSUS STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Chatterji Joydeep APP for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ... 1. Heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant for modification of the condition, imposed upon her, while granting bail in Criminal Application No.2144/2011, by this Court on 24.5.2011. 3. An offence was registered against the applicant under Crime No.114/2011, with Taluka Police Station, Jalna for the offence punishable under sections 302, 323, 504, 447 r/w 34 of Indian Penal Code and she was arrested therein on 20.4.2011. Thereafter, she was granted regular bail by this Court by order dated 24.5.2011 imposing FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders following conditions upon her. i] That the applicant shall cooperate in the investigation and shall not tamper with the prosecution witnesses and evidence. ii] The applicant shall attend the police station on every Sunday between 11.00 a.m. to 02.00 p.m. iii] The applicant shall not leave local limits of village Nandapur, without prior intimation to the investigating officer. 4. Now the applicant has preferred present application seeking relaxation of condition No.2 contending that that being a lady it becomes very difficult for her to give attendance before the concerned police station, on every Sunday as directed herein above. It is also canvassed by learned counsel for the applicant that investigation has been completed and charge sheet has been filed, and therefore, there is no necessity to continue with the said condition. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 5. As against that, learned A.P.P. submitted that to ensure presence of the applicant in the trial, there is necessity of the said condition and same cannot be relaxed and accordingly, learned A.P.P. opposed present application. 6. Considering rival submissions advanced by learned counsel for parties, admittedly, investigation has been completed and charge sheet has been filed and therefore, there is no impediment in modifying the aforesaid condition of giving attendance to concerned police station to some extent, however, simultaneously, presence of the applicant is required to be ensured for the trial. Hence, imposing condition upon the applicant that she shall attend the concerned police station, once in a month i.e. FIRST SUNDAY OF EACH MONTH, TILL THE DISPOSAL OF THE TRIAL with modification to that extent in the earlier condition shall meet the ends of justice. 7. In the result, present application is allowed, and condition of attendance imposed upon the applicant by order dated 24.5.2011 passed in criminal application no.2144/2011 stands modified FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders and applicant is directed to give attendance before the concerned police station, once IN A MONTH I.E. ON EVERY FIRST SUNDAY OF EACH MONTH, BETWEEN 11.00 A.M. TO 02.00 P.M. till the disposal of the trial and present application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) aaa/- ***