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Bombay High CourtIA/2938/2023disposed off

Shivaji Vijay Gaikwad v. State Of Maharashtra

2024-02-13Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

33-IA-2938-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2938 OF 2023 IN CRIMINAL BAIL APPLICATION NO. 3223 OF 2022 Shivaji Vijay Gaikwad ...

Applicant

Versus

The State of Maharashtra ...

Respondent .....

Mr. Abhishek Nandimath i/b Mr. Suyash N. Khose, for the Applicant.

Mr. A. A. Palkar, APP, for the Respondent-State. Mr. V. B. Deshpande, HC 1662, Velapur Police Station, Solapur (Rural), present.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 13th FEBRUARY, 2024.

P.C.

Heard.

This is an application seeking relaxation of condition No. (e) in an order of bail passed by this Court on 30th January, 2023. Learned Counsel for the applicant has invited my attention to the medical reports of the father of applicant, who is diagnosed with cancer to right lower alveolar mucosa. He had undergone REKHA PRAKASH PATIL by REKHA PRAKASH PATIL Date: 2024.02.14 14:26:27 +0530 Rekha Patil

33-IA-2938-2023.doc treatment of surgery, radiotherapy and chemotherapy. Learned Counsel submits that the applicant has complied with the directions issued by this Court while granting bail, however, looking to the seriousness of the ailment of his father, the applicant wishes to remain with him at such moment. He undertakes to abide by rest of the conditions imposed by this Court while granting bail. Learned APP has no objection to relax the said condition. Having perused the medical report of the applicant's father and the grounds made in the application, the order granting bail on 30th January, 2023 stands modified to the extent of clause (e) of the said order.

The applicant is permitted to enter into Malshiras Taluka, District Solapur, however, he shall abide by rest of the conditions. The order stands modified accordingly.

The application is disposed of in the aforesaid terms. [PRITHVIRAJ K. CHAVAN, J.] Rekha Patil