Bombay High Court
Pravin Harkishan MalkaniversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The condition of attending the police station every two months is quashed and set aside, subject to the applicant’s attendance before the trial court.
Summary
The applicant, Pravin Harkishan Malkani, filed a criminal application under Section 438 of the CrPC seeking relaxation of a condition that required him to attend the police station every two months, a condition imposed by a Special Judge under the POCSO Act in 2022. The FIR was lodged in 2018, the charge‑sheet filed in 2019, charges were framed in 2021 and the trial has been ongoing. The applicant argued that he had consistently complied with the condition and that eight years had elapsed since the FIR, making the attendance requirement unnecessary. The State opposed the relaxation. The Court examined the record, noted the applicant’s regular attendance at trial dates, and held that the periodic police‑station attendance condition was no longer required. Consequently, the Court quashed Clause No. 2(I) of the 2022 order, subject to the applicant’s continued attendance before the trial court, and allowed the application.
Issues considered
- Whether the condition of periodic attendance at the police station imposed under the POCSO Act can be relaxed or set aside after a considerable lapse of time and consistent compliance by the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 323, 336, 34, 341, 406, 498A, 506
- Protection of Children from Sexual Offences Act
Subjects
- anticipatory bail
- condition relaxation
- POCSO Act
- Criminal Procedure Code
- periodic police attendance
- trial compliance
Judgment
09-ABA-1478-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1478 OF 2026
Pravin Harkishan Malkani …Applicant
Digitally
signed by
Versus
ARJUN The State of Maharashtra …Respondent
ARJUN VITTHAL
VITTHAL KUDHEKAR
KUDHEKAR Date:
2026.09.10
12:44:11
+0530
Ms. Swarali S. Joglekar, for the Applicant.
Ms. M. R. Tidke, APP, for the Respondent-State.
PSI Sunil Rane, Juhu Police Station, Mumbai City, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 09 SEPTEMBER 2026
PC:-
1. This Criminal Application has been filed under Section 438
of the Code of Criminal Procedure, 1973 corresponding to Section
482 of the Bharatiya Nagarik Suraksha Sanhita 2023, seeking
relaxation of Condition No. 2(I) as imposed by Order dated 26th
April 2022 passed by the learned Special Judge under POCSO Act,
Sessions Court, Borivali Division, Dindoshi, Mumbai in
Miscellaneous Application No.62 of 2022.
2. Ms. Joglekar, learned Counsel appearing for the Applicant,
submits that the FIR bearing CR No.311 of 2018 was registered in
the year 2018 with Juhu Police Station, Mumbai City. Thereafter,
the Charge-sheet was filed under Sections 498A, 336, 341, 406,
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09-ABA-1478-2026.DOC
323, 506 and 34 of the Indian Penal Code, 1860 in the year 2019
and charge has been framed in the year 2021. She submits that the
FIR is of the year 2018, the Charge-sheet was filed in the year
2019, the charges have been framed in the year 2021 and the trial
has commenced. She further submits that the Applicant is regularly
attending the trial as well as he is following the conditions
imposed upon him. However, she states that as eight years have
passed after lodging of the FIR, the said Condition be relaxed.
3. Ms. Tidke, learned APP, for the Respondent-State, strongly
opposes the said request.
4. Perusal of the record shows that the FIR bearing CR No.311
of 2018 was registered in the year 2018 with Juhu Police Station,
Mumbai City, inter alia, against the Applicant. The learned
Additional Sessions Judge, Sessions Court, Borivali Division,
Dindoshi by Order dated 25th September 2018 passed in
Anticipatory Bail Application No.898 of 2018 granted anticipatory
bail inter alia on the condition that the Applicant to attend Juhu
Police Station on every first Sunday of every month between 10:30
am to 02:30 pm till conclusion of trial. The said Order was
thereafter modified by Order dated 26th April 2022 passed by the
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09-ABA-1478-2026.DOC
learned Special Judge, Sessions Court, Borivali Division, Dindoshi,
Mumbai in Miscellaneous Application No.62 of 2022 by directing
that the Applicant shall attend the concerned Police Station once in
every two months on first Sunday of that month between 10:30 am
to 02:30 pm. In the meanwhile, the Charge-sheet was filed in the
year 2019, the charges have been framed in the year 2021, and the
trial has commenced.
5. Ms. Joglekar, learned Counsel for the Applicant, submits that
the Applicant has followed the conditions imposed upon him and
has attended the trial on each and every date.
6. Accordingly, in the facts and circumstances, the attendance
of the Applicant is not required.
7. Accordingly, Clause No. 2(I) of the Order dated 26th April
2022 passed by the learned Special Judge under POCSO Act,
Sessions Court, Borivali Division, Dindoshi, Mumbai in
Miscellaneous Application No.62 of 2022, is quashed and set aside,
on the condition that the Applicant shall attend each and every
date before the learned Trial Court and cooperate in disposal of the
said Criminal Case expeditiously.
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09-ABA-1478-2026.DOC
8. Accordingly, the Criminal Application is allowed.
[MADHAV J. JAMDAR, J.]
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