Shailesh @ Sonu Prakash Mali v. The State Of Maharashtra
2025:BHC-AUG:3230 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 350 OF 2025 Shailesh @ Sonu s/o Prakash Mali Age 30 years, Occupation Business, R/o. Station Road, Near Munjya Maruti Mandir, Dhule, Tq. and Dist. Dhule.
... Applicant versus The State of Maharashtra Through The Police Inspector/ Investigating Officer in Crime No. 351/2023, Dhule City Police Station, Dhule, Tal. and Dist. Dhule, Maharashtra.
... Respondent .....
Mr. Abhaykumar Dilip Otswal, Advocate for the Applicant. Mrs. Vaishali S. Chaudhari, APP for Respondent-State. .....
CORAM :
ABHAY S. WAGHWASE, J.
DATED :
05 FEBRUARY 2025 PER COURT :- 1.
The instant application is filed seeking temporary relaxation of the condition imposed by this Court while releasing him on regular bail vide order dated 15.12.2023 passed in Bail Application No. 2132 of 2023.
2.
Learned counsel for the applicant submits that, by way of above order, applicant is the beneficiary of regular bail in crime no. 351 of 2023 registered with Dhule City Police Station, District Dhule for offences punishable under Sections 307, 326, 141, 143, 147, 148 and
-2149 of IPC. Learned counsel submits that one of the conditions imposed on the applicant while granting regular bail, i.e. condition at clause ii(c) of the operative order, is that applicant shall not enter Dhule Town till conclusion of the trial. Learned counsel further pointed out that applicant has abided all the conditions till date. However, as there is marriage ceremony of cousin brother to be held in Dhule town on 07.02.2025 and as father of said cousin brother has recently passed away, applicant's presence in the said rituals is necessary. Therefore, learned counsel seeks temporary relaxation of condition at clause ii(c) and to permit applicant to enter Dhule town and stay there for the period from 06.02.2025 to 11.02.2025. 3.
Learned APP strongly opposed by submitting that applicant can be permitted to attend the marriage and there is no need to relax the condition for such a long period. She also further submitted that State has moved for cancellation of above bail 4.
Heard both sides. For the reasons mentioned in the application and as statement is made across the bar that applicant has abided all the conditions till date, to which learned APP has also not objected, application deserves to be allowed. Hence, I proceed to pass the following order :
-3ORDER I.
The application is allowed.
II.
The condition at clause ii(c) of the operative part of the order dated 15.12.2023 in Bail Application No. 2132 of 2023 is temporarily relaxed and the applicant is permitted to enter Dhule town and stay there for the period from 06.02.2025 to 11.02.2025. III.
During stay of the applicant in Dhule town from 06.02.2025 to 11.02.2025, applicant to attend local police station i.e. Dhule City Police Station each day.
IV.
The application is accordingly disposed off.
[ABHAY S. WAGHWASE, J.] vre