Kailas Vishwanath Nikale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 596 OF 2015 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 105 OF 2015 Kailas Vishwanath Nikale.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Pawan Mali, advocate for Applicant.

Mr. Y.M. Nakhwa, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : AUGUST 10, 2015 P.C.:

This is an application seeking relaxation of condition. The applicant herein is an accused in Crime No. 2 of 2015 registered at Kasara Police Station for offence punishable under Section 307, 323, 506, 427 read with Section 34 of the Indian Penal 1/3

Code. The applicant was granted pre-arrest bail by this Court (Coram : P.D. Kode, J) vide order dated 6/2/2015 on the condition that he shall not enter into the village Shirole till the conclusion of the trial and shall attend local police station on every Monday. The learned Counsel for the applicant submits that the chargesheet is filed on 12th March, 2015. The case is committed to the Court of Sessions on 18th April, 2015, which is registered as Sessions Case No. 125 of 2015. In view of this, the condition need to be relaxed. Hence, following order is passed.

ORDER

(i) The application is allowed.

(ii) The applicant is permitted to enter into village Shirole. (iii) The applicant shall attend the concerned police station on 1st Sunday of each month. The applicant shall attend each and every scheduled date of trial. Upon failure to attend any two consecutive 2/3

dates either in police station or at the trial, the prosecution is at liberty to file an application for cancellation of bail. The application is disposed of accordingly on the above terms. (SMT. SADHANA S. JADHAV,J) 3/3