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Bombay High CourtIA/2727/2021allowed

Sandip Suresh Pujari Alias Ainapure v. The State Of Maharashtra And ANR.

2022-05-05Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice Milind N. Jadhav2 pages

7.ia.2727.21-appl.73.20.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 2727 OF 2021 IN CRIMINAL APPEAL NO. 73 OF 2020 Sandip Suresh Pujari Alias AINAPURE ..Applicant

Versus

The State of Maharashtra and Anr.

..Respondents ....................

 Mr. Shashank P. Borade for the Applicant.

 Ms. P. P. Shinde, APP for the State.

...................

CORAM :SMT. SADHANA S. JADHAV & MILIND N. JADHAV, JJ.

DATE :MAY 05, 2022.

P.C.

:

1. This is an application seeking relaxation of condition imposed upon the Applicant in Criminal Appeal No. 73 of 2020 vide order dated 27.02.2020. This Court had granted bail to the Applicant however the following condition was imposed:- "The Appellant shall not during the pendency of trial enter Miraj Taluka and file and undertaking with these lines in trial Court within three weeks from today."

2.

The Applicant has filed undertaking to that effect and has requested to relax the condition upon him by this Court while granting bail. It is submitted that he has been residing with his grandparents, i.e. grandfather of 75 years old and grandmother of 70 years old and they are senior citizens.

7.ia.2727.21-appl.73.20.doc 3.

For the reasons assigned in paragraph Nos. 5,7 and 9 the Application, seeking relaxation of condition deserves to be allowed, however the Applicant shall abide by the undertaking given to the Court. He shall maintained peace and tranquility in the village.

ORDER

(i) The Application is allowed in terms of prayer clause (a) which reads as follows :

"a. That this Hon'ble Court be pleased to relax the condition (g) as per the Order dated 27.02.2020 thereby directing the Applicant not to enter Miraj Taluka during the pendency of trial, on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case" (ii) The Interim Application stands disposed of. [ MILIND N. JADHAV, J. ] [SMT. SADHANA S. JADHAV, J.] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2022.05.05 16:45:25 +0530