Shri Bharat Vishnu Goregaonkar v. The State Of Maharashtra

923.APPP769_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Vidya Amin CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 769 OF 2016 IN BAIL APPLICATION NO. 441 OF 2015 Bharat Vishnu Goregaonkar ... Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Nitin Sejpal, Advocate for the applicant in all the matters. Mr. Y.M. Nakhwa, APP for the State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 11th January, 2017.

P.C.:

This Application is moved for modification of the order, i.e., relaxation of the condition imposed by this Court while granting bail by order dated 7th May, 2015.

2.

The applicant/accused is charged for the offence punishable under sections 376, 354B and 354C of Indian Penal Code and under sections 3, 4, 12, 13 and 14 of Protection of Children from Sexual Offences Act, 2012. By the order dated 7th May, 2015 this Court has directed the applicant not to reside in the territory of Goregaon village, Taluka Mangaon, District Raigad.

3.

The learned counsel for the applicant/accused has submitted that the applicant/accused has not entered Goregaon village till today and has 1 / 2

923.APPP769_2016.doc complied all the conditions imposed on him at the time of bail. He submitted that the applicant be allowed to enter the Goregaon village where he resides. The learned counsel submitted that the charge sheet is filed.

4.

Learned APP opposed this Application. He submitted that the victim girl was 17 years old when the incident had taken place. 5.

The order of bail was issued on 7th May, 2015, i.e., before one and half year from today. The applicant/accused is staying away from his house. Now charge sheet is filed. The victim girl has also become major. Therefore, condition no. (v) imposing restriction on the entry of applicant in the territory of Goregoan village is hereby relaxed. The applicant is allowed to enter Goregaon village, Taluka Mangaon, however, he shall attend the concerned police station once in a month, i.e., on every first Saturday between 5 p.m. to 7 p.m. Other conditions in the order dated 7th May, 2015 are maintained.

6.

Criminal Application is disposed of.

(MRIDULA BHATKAR, J.) 2 / 2