Gajanan @ Haribhajan Baburao Jadhav v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1164 OF 2016 IN CRIMINAL BAIL APPLICATION NO.660 OF 2016 IN CRIMINAL APPEAL NO. 377 OF 2016 Gajanan @ Haribhajan Baburao Jadhav ...Applicant vs The State of Maharashtra

...Respondents

.....

Mr Vinod Sanghvikar i/b Umesh R. Mankapure for the Applicant.

.....

CORAM : P.N.DESHMUKH, J.

03 OCTOBER, 2016 P.C. :

Issue notice to the Respondent. Learned APP accepts notice on behalf of the Respondent - State of Maharashtra. Heard. This is an application for relaxation of condition imposed upon the applicant by this Court by its order dated 22 July, 2016, directing the applicant to be released on bail on furnishing P.R. Of Rs.25,000/- with one or two local sureties in the like amount. Learned advocate for the applicant had submitted that the applicant is originally resident of Latur, Pg 1 of 3

however, he was tried in Pune district as the incident took place at Pune and in that view of the matter, this Court while releasing the applicant on bail directed him to furnish one or two local sureties.

Learned advocate for the applicant submits that the applicant since is resident of Latur, he is unable to furnish local surety from Pune, and therefore, prays for modification to the effect that he be allowed to furnish one or two local sureties from Latur district.

It appears that the substantial sentence imposed upon the applicant came to be suspended by this Court having considered the fact that there was love affairs between the applicant and the prosecutrix due to which she remained pregnant and ultimately gave birth to a child. However, it appears to be the case of the prosecution that the applicant under the guise of marriage sexually assaulted the prosecutrix due to which she carried pregnancy.

From the title of application as well as memo of appeal, the applicant is found resident of village Karla, Tal. Ousa, District Latur and the same is the address on the judgment of learned Sessions Judge, Pune. Having considered the facts as referred above and as the applicant is already considered to be entitled for his release on bail as aforesaid the application is liable to be allowed by modifying earlier order as follows; Pg 2 of 3

ORDER

(i) The applicant shall be released on bail on executing his P.R. in the sum of Rs.25,000/- with one or two sureties to make the surety amount;

(ii) All other conditions imposed on applicant shall stands unaltered;

(iii) The application is allowed in the aforesaid terms and is disposed of accordingly.

( P.N.DESHMUKH J. ) Pg 3 of 3