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Bombay High CourtIA/2594/2023disposed off

Sushil Kishor Churi And ANR v. State Of Maharashtra

2023-09-20Hon'Ble Shri Justice N. J. Jamadar2 pages

28-IA2594-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2594 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO. 320 OF 2023 Sushil Kishor Churi and anr.

...Applicants

Versus

State of Maharashtra

...Respondent

Mr. Shailesh Kantharia, i/b Asmita Bhoir, for the Applicants. Mr. P. H. Gaikwad, APP for the State/Respondent. Mr. K. M. Shaikh, PSI, Boisar Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

20th SEPTEMBER, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

This is an application for modification of the conditions imposed by this Court while granting pre-arrest bail to the applicants by order dated 20th March, 2023. This Court directed the applicants, inter alia, not to enter Palghar district till completion of trial. The applicants are arraigned for an offence punishable under Section 386 read with Section 34 of the Indian Penal Code, 1860. The first informant runs an industrial undertaking at village Mahagaon, Survey No.71/72, Boisar (East), Palghar. The 1/2

28-IA2594-2023.DOC applicants allegedly extorted money from the first informant claiming to be the office bearers of the Union. 3.

In the backdrop of the nature of the accusation, the apprehension on the part of the prosecution can be adequately addressed if the applicants are restrained from entering into Boisar, where the industrial undertaking is situated. Thus, the condition (c) in the order dated 20th March, 2023 stands modified to the effect that the applicant shall not enter the limits of Boiser till the completion of trial. 4.

Rest of the conditions remained unaltered.

5.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2