Sagar Hanumant Kadam v. State Of Maharashtra And ANR.

1/2 34 IA 2081-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2081 OF 2023 IN CRIMINAL APPEAL NO. 1166 of 2022 Sagar Hanumant Kadam ..

Applicant

Versus

The State of Maharashtra and anr ..

Respondents ...

Mr.Tohid Shaikh i/b Anjali Patil for the applicant. Mr. Y.M. Nakhwa, APP for the State.

B.H. Pawar from Kulgaon police station Thane Gramin present. CORAM: BHARATI DANGRE, J.

DATED : 18th OCTOBER, 2023 P.C:- The applicant seek modification of the condition imposed on him while releasing him on bail on 16/2/2022. The condition reads thus :- "(ii) After his release from Jail, appellant shall not enter the jurisdiction of Ambernath Taluka, except for marking his presence with Kulgaon Police Station, Badlapur as specified hereinbelow".

Apart from this condition, another condition was imposed on him by the very same order which reads thus :- (iii) After his release from Jail, appellant shall attend Kulgaon Police Station, Badlapur, Taluka Ambernath, District Thane (Rural) on every alternate Monday between 10.00 am to 12 noon till framing of charge by the trial Court".

Tilak

2/2 34 IA 2081-23.doc Interim Application is taken out for relaxing condition no.(ii) since presently, he is residing in village Kadegaon in Sangli District and for ensuring compliance of condition (iii), he has to travel 400 kms.

Considering the role attributed to the applicant in the subject C.R, and since the period of six months has expired since the order dated 16/2/2023 is passed, I deem it appropriate to relax the condition of he residing outside Ambernath Taluka as even according to the applicant, his livelihood is affected by staying outside the place of his business.

Considering the role attributed to the applicant in the present case and since he has not misused the liberty conferred upon him, by order dated 16/2/2023, I deem it appropriate to relieve of condition no.(ii).

However, he shall continue to attend Kulgaon police station as directed by condition no.(iii) of the order. Interim Application stand disposed off.

Needless to state that he shall be bound by the other conditions, subject to which his liberty was restored. ( SMT. BHARATI DANGRE, J.) Tilak