Jayashree D/O Madhavrao Nirgude vs The State Of Maharashtra
2022 Latest Caselaw 2544 Bom

        Digitally
        signed by
        VARSHA
VARSHA DEEPAK                                                                  20.ia.432.2022.doc
DEEPAK GAIKWAD
GAIKWAD Date:
        2022.03.17
        14:04:07
        +0530

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                              INTERIM APPLICATION NO. 434 OF 2022
                                              IN
                                CRIMINAL APPEAL NO. 134 OF 2018

               Jayashree D/O Madhavrao Nirgude                 ...    Appellant/Applicant
               V/s.
               The State of Maharashtra                        ...        Respondent
                                             -------------------
               Mrs. Meera Barge I.by Mr. C.P. Sengaonkar advocate for the
               Appellant/Applicant.
               Mr. S.V. Gavand- APP for the respondent-State.
                                            ---------------------
                                      CORAM : PRAKASH D. NAIK, J.
                                       DATED : MARCH 15, 2022.
               P.C. :

           .               This is an application for relaxation of condition to attend
           trial Court stipulated in order dated 13 th March 2018 passed by this
           Court in Criminal Application No. 202 of 2018.


           2.              The applicant has preferred Criminal Appeal No. 134 of
           2018 challenging the judgment of conviction for offences under the
           provisions of Prevention of Corruption Act, 1988. The sentence of
           imprisonment is suspended and bail is granted to the applicant on a
           condition that applicant shall mark her presence before the trial Court
           on every first Monday of the month between 11.00 a.m. to 2.00 p.m.
           till final disposal of appeal.



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                                                                   20.ia.432.2022.doc



3.            Learned advocate for the applicant submit that the
applicant is a lady. She has complied the condition of attending the
trial Court since 2018. The Court is situated at long distance from her
residence.


4.            Learned APP submit that the complete waiver of attending
trial Court may not be granted. The applicant is resident of Vasai and
the Court is also situated in Vasai.


5.            It is noted that the condition for attending the trial Court is
imposed while granting bail to the applicant in 2018. The applicant
has been attending the trial Court in accordance with order dated 13 th
March 2018.


6.            Hence, the order can be modified as follows:-


                                   ORDER

i. Order dated 13th March 2018 directing applicant to attend trial Court every month is relaxed by directing the applicant to mark her presence before the trial Court once in six months on first Saturday of the month till final disposal of the appeal.

ii. Interim Application No. 434 Of 2022 stands disposed of.

                                               (PRAKASH D. NAIK, J)

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