Dattatray Laxman Padekar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION NO.91 OF 2015 Dattatray Laxman Padekar .. Applicant

Versus

State of Maharashtra .. Respondent WITH APPLICATION NO.92 OF 2015 Ramdas Pardhe .. Applicant

Versus

State of Maharashtra .. Respondent WITH APPLICATION NO.93 OF 2015 Vimal Ramdas Pardhe ..Applicant -VersusState of Maharashtra ..Respondent Ms. Pooja Sejpal i/b. Nitin Sejpal for applicants Ms. S.S.Kaushik, APP for State.

CORAM

:

A.S.GADKARI, J.

DATE :

22nd December 2015.

P.C.

1] The present applicants have filed these respective applications for modification/ relaxation of the condition imposed

upon the applicants by the trial court while releasing them on bail. In Application No.91 of 2015 and Application No.93 of 2015 by an order dated 19th July 2010 and in Application No.92 of 2015 by an order dated 7th July 2010 the trial court while releasing the applicants on bail has imposed a condition that the applicants shall keep themselves away from the place of residence of the complainant and shall not enter the area within the jurisdiction of Ghatkopar Police Station until further orders. 2] Learned Counsel for the applicants submitted that since the date of passing of the said order in the year 2010, the applicants have followed the said direction and did not enter the jurisdiction of Ghatkopar police station.

She further submitted that the applicants are residents of Ghatkopar and they are residing away from their family for the last more than five years. Learned APP submitted that appropriate orders may be passed in the interest of justice. 3] After taking into consideration the facts mentioned in the application, I am inclined to allow the present application.

(i) The condition imposed by the Trial Court vide orders dated 19.7.2010 and 7.7.2010 as stated above that the applicants shall not enter the area within the jurisdiction of Ghatkopar police Station is hereby modified and the applicants are permitted to enter the jurisdiction of Ghatkopar police station. (ii) However, the condition imposed by the Trial Court that the appliants shall keep themselves away from the place of residence of the complainant is not disturbed. The applicants are hereby directed not to visit or enter into the vicinity where the complainant resides.

(iii) Breach of this condition will make the applicants liable for cancellation of bail granted by the trial court. 4] The applications are allowed in the aforesaid terms. (A.S.GADKARI, J)