Aditya Vinay Jadhav v. The State Of Maharashtra

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.234 OF 2016 Aditya Vinay Jadhav ... Applicant vs.

The State of Maharashtra ... Respondent Mr. Nitin Sejpal, for the Applicant.

Mrs. P.P. Shinde, APP for Respondent - State.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

22nd APRIL, 2016 P.C.:

.

The application is moved for relaxing of the condition imposed in the order dated 31st March, 2015 that "the applicant/accused shall not enter the jurisdiction of Vikhroli police station, where deceased's family members reside." 2.

It is submitted by the learned Counsel for the applicant/accused that the residence of the applicant/accused is within the jurisdiction of Vikhroli police station. He is a 21 years old boy. The incident of murder has taken place in the year 2014. It is submitted that the applicant/accused undertakes that he shall not commit any offence if at all he is allowed to enter the jurisdiction of 1 / 3

Vikhroli police station and also he shall not pressurize the relatives of the deceased and the witnesses of this case.

3.

The learned prosecutor oppose the application. She submits that the applicant is facing charges for the offence punishable under Section 302 read with 34 of the Indian Penal Code. One more case is pending against the applicant/accused for the offence punishable under Section 307 of Indian Penal Code. He was granted bail on the specific condition that he shall not enter the jurisdiction of Vikhroli police station.

4.

Perused the order dated 31st March, 2015. The applicant/accused is 21 years old boy. The incident of murder has taken place in the year 2014. Considering the submissions of the learned Counsel for the applicant, the condition (iv) is hereby relaxed and modified as under:

"The applicant/accused may enter the jurisdiction of Vikhroli police station subject to he shall not keep contact with the family members of the deceased and other witnesses of this case. If any untoward 2 / 3

incident takes place against the family members of the deceased and other witnesses, the prosecution is at liberty to apply for imposing the same condition again."

4.

The rest of the conditions are not disturbed. Accordingly the application stands disposed of.

(MRIDULA BHATKAR, J.) 3 / 3