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Bombay High Court

ABHICHANDRA @ ABHIRAM HARISHYAM PODHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Condition (ii) of the bail order dated 15 September 2023 is cancelled.

Summary

The applicant, Abhichandra @ Abhiram Harishyam Podh, filed an interim application seeking modification of condition (ii) of a bail order dated 15 September 2023, which required his attendance at the concerned police station. He argued that for the past four years he has been regularly attending the police station and that, since the charge has not yet been framed before the trial court, there is no justification for the attendance condition. The respondent, the State of Maharashtra, opposed the modification but could not provide a reason for maintaining the attendance requirement. The court examined the submissions and found no basis to compel the applicant’s police station attendance under the circumstances. Consequently, the court cancelled condition (ii) of the earlier order, allowed the application, and disposed of it.

Issues considered

  • Whether the condition requiring the applicant to attend the police station should be modified or deleted
  • Whether the applicant’s regular attendance before the police station and the pending framing of charges justify removal of the condition

Subjects

  • bail
  • interim application
  • modification of conditions
  • police station attendance
  • criminal procedure

Judgment

                                                      5-IA-3226-2025.DOC




                                                                  Shivgan


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION


            INTERIM APPLICATION NO.3226 OF 2025
                                  IN
               BAIL APPLICATION NO. 535 OF 2021

Abhichandra @ Abhiram Harishyam Podh                  …Applicant
      Versus
State of Maharashtra                                  …Respondents


Mr. Dinesh Jadhwani, i/b W3LEGAL LLP, for the Applicant.
Ms. S.K.Gajare, APP for the Respondent-State.
Mr. Bhagwan Pawar, PSI attached to Kurar Police Station, Mumbai,
      present.


                     CORAM:       R. M. JOSHI, J.
                     DATED:       10th APRIL, 2026.
PC:-


1.     This Application is for modification/deletion of condition
(ii) of the order dated 15th September 2023 passed in Interim
Application No.2215 of 2023.

2.     Learned counsel for the Applicant submits that for the last
four years, the Applicant is attending the concerned Police Station.
It is his further submission that there is no propriety that the
Applicant should attend the concerned Police Station since he is
diligently attending the hearing before the Trial Court. He submits
that even the charge is not framed before the Trial Court and it
cannot be said that when the trial would get over.


                             Page 1 of 2
                             th
                           10 April, 2026.
                                                   5-IA-3226-2025.DOC




3.      The learned APP opposes the modification but was unable to
justify attendance of the Applicant before the concerned Police
Station.

4.      Having regard to the aforesaid facts, condition (ii) of the
order dated 15th September 2023 passed in Interim Application
No.2215 of 2023 stands cancelled.

5.      The Application is allowed in the above terms and disposed
of.


                                                 (R. M. JOSHI, J.)
                                                                     {




          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.04.10
          18:28:05
          +0530




                              Page 2 of 2
                              th
                            10 April, 2026.


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