Tushar Nilanjay Wadekar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.582 OF 2024 Tushar Nilanjay Wadekar ...Applicant

Versus

The State of Maharashtra

...Respondents

Mr. Ganesh Gupta (through Video Conference) a/w. Mr. Mithun Chavan, Mr. Sahil Ghorpade, Mr. Madan Khansole and Mr. Jagrut Patil, Advocates, i/b. G. G. Legal Associates, for the Applicant. Ms. Veera Shinde, APP, for the Respondent-State. Mr. Meghraj D. Jadhav, P.S.I., Samarth Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

26th APRIL 2024 PC:- 1.

Heard Mr. Gupta, learned Counsel for the Applicant and Ms. Shinde, learned APP for the Respondent-State. 2.

A very limited prayer is sought in the Criminal Application that the Applicant be permitted to enter Pune city for a period of two weeks for the purpose of attending his brother's wedding. 3.

By Order dated 4th January 2024 passed below Exhibit-1 in Criminal Bail Application No.27 of 2024, the learned Additional

Sessions Judge (Under MCOC Act), Pune imposed the following condition under clause No.4:

"4. The applicants are further directed not to enter Pune City except for attending the case if any till further order."

4.

Mr. Gupta, learned Counsel for the Applicant prays that the Applicant be permitted to enter Pune city for a period of two weeks as the Applicant's brother's wedding is scheduled on 2nd May 2024. It is to be noted that the present Applicant had preferred an Application before the learned Trial Court. However, the same was rejected inter alia on the ground that while imposing the said condition, the nature of the offence and apprehension about tampering with evidence and other circumstances have been taken into consideration.

5.

However, as the Applicant's brother's wedding is scheduled on 2nd May 2024 and as in the present Application, a request is made to permit the Applicant to enter Pune city only for a period of two weeks, it will be appropriate to permit the Applicant to enter Pune city from 26th April 2024 to 10th May 2024 by imposing certain conditions.

6.

In view thereof, the following order is passed:

ORDER

(a) The Applicant- Tushar Nilanjay Wadekar is permitted to enter Pune city from 26th April 2024 to 10th May 2024.

(b) The Applicant shall attend the Samarth Police Station, Pune on 29th April 2024, 3rd May 2024, 6th May 2024 and 8th May 2024 between 11:00 a.m. and 1:00 p.m. (c) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(d) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

7.

Accordingly, the Criminal Application is disposed of in above terms.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2024.04.26 14:42:07 +0530 SONALI MILIND PATIL