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Bombay High Court

HRISHIKESH ASHOK BARTAKKEversusSTATE OF MAHARASHTRA

Disposal
Allowed

Holding

Condition 8(c) of the bail order is modified to require the applicant to report once a month on the first Saturday.

Summary

The applicant, Hrishikesh Ashok Bartakke, filed an interim application seeking modification of bail condition 8(c) which required him to report to the investigating officer on the 1st and 3rd Saturdays of each month. The bail order dated 26‑09‑2023 was issued in Bail Application No. 1096 of 2023, and the case is pending as Special Case No. 244 of 2024 before the Additional Sessions Judge, Vita. The applicant’s counsel argued that reporting twice a month was onerous and requested a reduction to once a month. The State counsel did not oppose the modification and, on the investigating officer’s instruction, agreed to the change. The intervenor also did not oppose. By consent, the court modified condition 8(c) to require reporting once a month on the first Saturday, leaving other bail conditions unchanged, and disposed of the interim application.

Issues considered

  • Whether bail condition 8(c) requiring bi‑monthly reporting can be modified to a monthly reporting requirement.

Subjects

  • bail
  • modification of bail conditions
  • reporting requirement
  • criminal procedure
  • interim application

Judgment

                                                                         32-IA-384-2026.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 384 OF 2026
                               IN
                BAIL APPLICATION NO. 1096 OF 2023
Hrishikesh Ashok Bartakke                         ...Applicant
        Versus
State of Maharashtra                                                  ...Respondent
_______________________________________________________________
Mr. Swaroop Karade, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
Mr. Atharva Bhingardive, (through VC), Advocate for the Intervenor.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 29th September, 2026.
P.C. :


1.       Heard Mr. Swaroop Karade, learned Advocate for the Applicant

and Mr. S. H. Yadav, learned APP for the Respondent – State.



2.       By the present Application, the Applicant has sought for the

following substantive relief in term of prayer clause (a) :-



           (a)         The Hon'ble Court may kindly be pleased to
           relax the condition no. (c) in order dated 26/09/2023 in
           Bail Application No. 1096 of 2023, to the extent it requires
           the applicant to visit the Investigating Officer of Vita Police
           Station, Dist. Sangli on every 1st and 3rd Saturday
           between 10:00 a.m. and 12:00 p.m. till conclusion of Trial
           and direct the Applicant to attend the Investigating Officer
           of Vita Police Station, Dist. Sangli as and when required by
           the Investigating Officer.




Arjun                                   1
                                                            32-IA-384-2026.doc




3.      Mr. Swaroop Karade, learned Advocate for the Applicant, states

that the chargesheet is filed, the same is registered as Special Case No.

244 of 2024 and is before the Additional Sessions Judge, Vita. He states

that the Applicant is regularly appearing in the said Sessions Case,

Special Case No. 244 of 2024. He therefore requests for modification of

Condition No. 8(c) in the order dated 26.09.2023 passed in Bail

Application No. 1096 of 2023. He, on instructions, states that instead of

reporting to the Police Station on two Saturdays in a month, the same

be relaxed by making the reporting to the Police Station once a month.



4.       The request made by Mr. Swaroop Karade, learned Advocate

for the Applicant, is not opposed by Mr. S. H. Yadav, learned APP for the

Respondent – State. He, on instructions from the Investigating Officer,

Vita Police Station, states that Condition No. 8(c) can be modified to the

extent of making the reporting once a month i.e. on the first Saturday of

every month.



5.      Mr. Atharva Bhingardive, learned Advocate for the Intervenor,

does not oppose the said request made by Mr. Swaroop Karade, learned

Advocate for the Applicant, to the extent of making the reporting to the

Investigating Officer, Vita Police Station, once a month.



Arjun                             2
                                                                                   32-IA-384-2026.doc



                     6.      In view of the above and by consent of parties, Condition No.

                     8(c) of the order dated 26.09.2023, passed in Bail Application No. 1096

                     of 2023, is modified as follows :-



                               8(c)     The Applicant shall appear and report to the

                               Investigating Officer, Vita Police Station, once a month

                               i.e. on the 1st Saturday of every month from 10:00 am

                               to 12 noon, till the conclusion of trial in Special Case

                               No. 244 of 2024.



                     7.      The rest of the conditions of the order dated 26.09.2023, remain

                     unaltered.



                     8.      Interim Application No. 384 of 2026 is disposed of.



                                                                   (ASHWIN D. BHOBE, J.)


        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.10.01
        10:56:09
        +0530




                     Arjun                                3


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