A K LAWANDE Vs. MAHENDRA VAKHARIA

JUDGEMENT

(1.) RULE , returnable forthwith. Heard finally by consent of parties.

(2.) BY this application the petitioner is challenging the order dated 14.10.1997 passed by the Chief Metropolitan Magistrate, Esplanade, Bombay in R.A. No.263/1994, and also the order dated 8.12.1997 passed by the Court of Sessions for Gr.Mumbai in Cri. Revision Application No.424 of 1997. The respondent Mahendra C.Vakharia was released on bail by the learned Magistrate, and while releasing him on bail conditions were imposed regarding his attendance of the Directorate and also that he will not leave India, and go abroad without the permission of the Court. By the order dated 14.10.1997 the Magistrate relaxed both the conditions without giving any reasons for doing so. The order was challenged before the Sessions Court, Gr.Mumbai. The Sessions Court dis-missed the revision application filed by the Petitioner. These two orders passed by the Courts below are impugned before this Court.

(3.) THE learned Counsel for the respondent urged before me that as to the application filed by the petitioner for relaxation of conditions, there was no reply filed on behalf of the petitioner, therefore, it was not necessary for the learned Magistrate to give any reasons, for deleting the conditions.