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Bombay High CourtAPL/26/2016others disposed off

Bharat Narayan Saravankar v. The State Of Maharashtra And ANR

2017-11-02Hon'Ble Shri Justice A.S. Gadkari2 pages

35 apl 26-16=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 26 OF 2016 Bharat Narayan Saravankar ... Applicant V/s.

The State of Maharashtra and Anr.

... Respondents ----- Mr. Rajiv Deokar for the Applicant.

Mr. S.R. Agarkar APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 02nd NOVEMBER, 2017 P.C.:

.

This is an application for relaxing condition No.(b) i.e. Applicant shall not enter into village Uran until further orders, imposed upon the Applicant while releasing him on bail by an Order dated 20.09.2013 passed by the learned Additional Sessions Judge, Raigad-Alibag in Criminal Misc. Application No. 754 of 2013.

Learned Counsel for the Applicant submitted that since the date of his release on bail, the Applicant has sincerely complied with the said condition and did not enter into the jurisdiction of village Uran till today. He submitted that, other three accused persons in the present crime are permitted to enter into village Uran and it is only the Applicant who has been prohibited from entering therein. He further submitted that the mother of Applicant is terminally ill and Sneha Chavan 1/2

35 apl 26-16=.doc suffering from cancer and his presence at village to take care of his mother is necessary.

In view of the above, condition No.(b) imposed upon the Applicant by the learned Additional Sessions Judge, Raigad- Alibag is hereby waived. It is made abundantly clear that if it is reported that the Applicant has indulged into tampering with evidence or pressurizing witnesses in the present crime, the prosecution is at liberty to file an application for cancellation of bail. (A.S.GADKARI, J.) Sneha Chavan 2/2