Shri. Sharad Hiraman Mohal vs The State Of Maharashtra
2021 Latest Caselaw 3068 Bom

                                                                                       13.IA429.2021.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 429 OF 2021
                                    IN
                   CRIMINAL APPLICATION NO. 1611 OF 2017
                                    IN
                     CRIMINAL APPEAL NO. 414 OF 2016

Sharad Hiraman Mohal                                            ... Applicant
V/s.
State of Maharashtra.                                           ... Respondent.
                                         -------------------
Mr. Prashant Mohan Patil, advocate for applicant.
Ms. P.P. Shinde, APP for State.
                                        ---------------------
                                 CORAM : SMT. SADHANA S. JADHAV &
                                         N.R. BORKAR, JJ.

DATE : FEBRUARY 16, 2021.

P.C.

1 Heard the learned Counsel for the applicant and the

learned APP for State.

2 This is an application seeking extension of time for

compliance of the order dated 23rd April, 2017 seeking suspension of

substantive sentence under section 389 of the Code of Criminal

Procedure, 1973. The application was allowed by an order dated 23rd

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13.IA429.2021.doc

April, 2019. While enlarging the applicant on bail, this Court had

imposed certain conditions upon the applicant. Clause-11 of the said

order is as follows :

"11. However, in addition, (a) he shall supply residential

address at which he shall be available during the period of this

appeal with contact numbers and shall also intimate the changes

therein by suitable affidavit within 15 days to this court as also to

the concerned police station and (b) on 1 st working day once in

the period of every two months, he shall mark his attendance in

the office of Superintendent, Additional Sessions

Judge/Additional Sessions Court Pune."

3 The learned Counsel for the applicant submits that the

applicant was in custody in some other offence and was acquitted by a

Judgment and Order dated 16/1/2021. Till 16/1/2021 he continued

to remain in jail despite order dated 23rd April, 2019 enlarging him on

bail. It is in view of this that clause 11 of the order dated 23/4/2019

could not be complied with. Hence, the applicant seeks an extension

of two weeks to comply with the said condition. Time as prayed for is

granted.

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                                                                         13.IA429.2021.doc




4               The application is allowed in terms of prayer clause (a).

The applicant shall comply with the said condition on or before 5th

March, 2021.

5 The application stands disposed of accordingly.

            (N.R. BORKAR, J)         (SMT. SADHANA S. JADHAV, J)




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