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Bombay High CourtAPPP/984/2017others disposed off

Sharda Kisan Pardeshi v. The State Of Maharashtra

2017-11-08Hon'Ble Shri Justice A.S. Gadkari2 pages

appp.984-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 984 OF 2017 IN BAIL APPLICATION NO.1811 OF 2016 Sharda Kisan Pardeshi ... Applicant.

V/s.

The State of Maharashtra ... Respondent ----- Mr. Abdul Choudhari i/b Rachana Divekar for applicant. Mr. Vinod Chate, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 8th NOVEMBER 2017 P.C.:

1] This is an application for modification of condition No.(b) imposed upon the applicant while releasing her on bail by this Court by an Order dated 21st March 2017.

2] By the said condition No.(b), the applicant has been directed not to enter Lonavala, Khalapur, Panvel and Pune till the end of the trial except the Court conditions and the Police attendance and is directed to report Shivaji Nagar Police Station, Pune.

3] Learned Counsel appearing for the applicant submitted that, the 1/2

appp.984-2017.doc applicant is having two children taking education at Lonavala, Pune and therefore the aforestated condition may be relaxed. 4] It is to be noted here that, while releasing the applicant on bail by this Court by its Order dated 21st March 2017, this Court has imposed the said condition No.(b) that the applicant and other co-accused persons shall not to enter Lonavala, Khalapur, Panvel and Pune till the end of the trial except the Court conditions and the Police attendance and at that time the applicant has willingly accepted it and did not oppose the said condition and therefore the applicant now cannot raise such plea for modification of the said condition.

5] After taking into consideration the various aspects of the matter having been involved in the present crime, this Court has imposed the said condition No.(b). In view thereof, this Court is of the considered opinion that the present application for modification of the said condition is misconceived and is accordingly rejected.

(A.S.GADKARI, J.) 2/2