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Bombay High CourtIA/4590/2022disposed off

Rahul Mohan Sutar v. State Of Maharashtra

2023-03-31Hon'Ble Shri Justice N. R. Borkar2 pages

18-IA-4590-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4590 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 1781 OF 2022 Rahul Mohan Sutar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Vaibhav Gaikwad for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 31 MARCH 2023 P.C. :- .

The applicant is accused in Crime No.437 of 2022 registered at Bhosari Police Station, Pune for the offences punishable under Section 354, 354(D), 504 and 506 of Indian Penal Code. 2.

This Court by order dated 28 September 2022 in Anticipatory Bail Application No. 1781 of 2022 had released the applicant on anticipatory bail, subject to inter-alia the following condition : "8.

In view of issuance of threats and NCs being registered against the applicant, till the trial is completed, he shall keep himself away out of the revenue jurisdiction of Pune district." Kanchan P Dhuri 1 / 2

18-IA-4590-2022.odt 3.

The applicant, by the present application, is praying that above condition be relaxed.

4.

The learned Counsel for the applicant submits that prior to registration of crime the applicant was running Gym in Pune City. It is submitted that the applicant is the only earning member in his family and due to above said condition his whole family is suffering. 5.

On the other hand, the learned APP submits that considering the nature offence, the condition in question was imposed. It is submitted that the condition therefore may not be relaxed. 6.

Considering the overall facts and circumstances, I am inclined to modify the condition in question. In the result, following order is passed :

(i) As the complainant is resident of Kasarwadi area in Pune City, the applicant shall not enter into limits of said Kasarwadi. (ii) The applicant shall attend the Bhosari Police Station once in a month i.e. on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

(iii) The learned Counsel for the applicant on instructions submits that the applicant shall not seek relaxation of the above conditions. (iv) Interim application is disposed of.

by KANCHAN PRASHANT DHURI Date: 2023.04.05 14:15:54 +0530 ( N.R. BORKAR, J. ) KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2