Bombay High Court
SANJOY SHIVDAS MUKHERJEEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- R M JOSHI
Holding
The condition directing the applicant to attend the police station is cancelled; attendance is required only upon written notice.
Summary
The accused, Sanjoy Shivdas Mukherjee, filed Criminal Bail Application No. 2391 of 2023 seeking relaxation of a condition that required his regular attendance at the police station, a condition imposed on 6 October 2023. The prosecution opposed the relaxation, proposing that the accused appear only upon written notice. The Court observed that the condition had been in force for over three years, the accused had complied regularly, and the prosecution offered no justification for its continuation. Consequently, the Court cancelled the standing condition and ordered that the accused attend the police station only when required by written notice. The application was therefore partly allowed.
Issues considered
- Whether a condition directing an accused to attend the police station regularly can be continued after a prolonged period without justification.
Subjects
- bail
- police station attendance
- interim application
- condition relaxation
- criminal procedure
Judgment
36.IA-107-2024.DOC
Sneha Bang
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 107 OF 2024
IN
Digitally signed
CRIMINAL BAIL APPLICATION NO. 2391 OF 2023
by SNEHA
JAYPRAKASH
SNEHA BANG
JAYPRAKASH
Date:
BANG 2026.05.07
11:20:49
+0530
Sanjoy Shivdas Mukherjee …Applicant
Versus
The State of Maharashtra …Respondent
CRIMINAL INTERIM APPLICATION NO. 745 OF 2025
XYZ …Applicant
Versus
The State of Maharashtra …Respondent
Mr. M. K. Guha, for the Applicant.
Mr. Himanshu Patil a/w. Pooja Sursure, for Respondent No.2 in
IA/107/2024 & for Applicant in IA/745/2025.
Mr. S. V. Walve, APP, for the Respondent-State.
Mr. D. P. Mane, PSI, Kasturba Marg Police Station is present.
CORAM: R. M. JOSHI, J.
DATED: 30th APRIL, 2026
PC:-
CRIMINAL BAIL APPLICATION 2391 OF 2023:
1. This application is filed by the Accused for relaxation of the
condition imposed against him by order dated 6th October, 2023.
Learned Counsel for the Applicant seeks only the relief of
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36.IA-107-2024.DOC
relaxation of the condition requiring his attendance at the
concerned Police Station. In this regard, it is submitted that the
Applicant has been attending the concerned Police Station for a
period of over three years, and there is no propriety in
continuation of the said condition.
2. Learned APP and learned Counsel for the victim opposed the
said contentions. Learned APP submits that the Applicant–Accused
may instead be directed to appear before the concerned Police
Station upon written notice.
3. Since the condition was imposed more than three years ago
and the Applicant has been regularly attending the concerned
Police Station, this Court finds no propriety in continuing the
same. Moreover, no justification has been provided by the
prosecution for its continuation.
4. Hence, the condition directing the Applicant to attend the
concerned Police Station, as imposed by order dated 6th October,
2023, stands cancelled. Instead, the Applicant is directed to attend
the concerned Police Station as and when required, upon written
notice.
5. Application stands partly allowed in above terms.
(R. M. JOSHI, J.)
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