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Bombay High CourtAPPP/35/2016others disposed off

Minesh Nanu Patil v. The State Of Maharashtra

2016-01-21Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 appp.35-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.35 OF 2016 IN BAIL APPLICATION NO.879 OF 2014 ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

Mr.G.S. Jadhav i/b R.D. Suryawanshi for applicant. Ms. S.S. Kaushik, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 21st January 2016.

P.C.:

1] This is an application for relaxation of condition no.14(i) imposed on the applicant while releasing him on bail by order dated 8th July 2014. The said condition no.14(i) is that:

"The applicant shall not enter into the local limits of village Umbarde till the conclusion of the trial against him."

2] The learned Counsel for the applicant submitted that there is engagement ceremony of the sister of the applicant which is scheduled on 31st January 2016 at villalge Umbarde and his presence is very much necessary at the said place. He further submitted that though he has prayed for relaxation of condition for two days i.e. on 30th and 31st January 2016 for entering the limits of village Umbarde, he has instructions to pray for only one day i.e. 31st January 2016 to enter at the said village.

Dond 2/2 appp.35-2016.sxw 3] For the reasons stated in the application and in the interest of justice and in view of the fact that the presence of the applicant is necessary at the engagement ceremony of his sister, I am inclined to relax the aforesaid condition. Hence, the following order:

(i) The condition no.14(i) imposed on the applicant is hereby modified and the applicant is permitted to enter the jurisdiction of village Umbarde from 9.00 a.m. on 31st January 2016 till 9.00 a.m. on 1st February 2016. (ii) The applicant shall remove himself from village Umbarde on or before 9.00 a.m. on 1st February 2016.

(iii) The rest of the conditions imposed by order dated 8.7.2014 are not disturbed.

The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)