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 Versus The State of Maharashtra …Respondent 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, Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.10 12:44:11 +0530 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 Page 2 Arjun 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. Page 3 Arjun 09-ABA-1478-2026.DOC 8. Accordingly, the Criminal Application is allowed. [MADHAV J. JAMDAR, J.] Page 4 Arjun