Bhagwat Sakharam Borude v. The State Of Maharashtra

Cri. Appln. No. 688/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

21. CRI.APPLN/688/2015 In CRI.APPLN/5048/2013 BHAGWAT SAKHARAM BORUDE V/S THE STATE OF MAHARASHTRA Mr. S.S. Thombre, Advocate for applicant.

Mr. R.P. Phatke, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 13th March, 2015.

ORDER :

1.

The application is filed for modification of the condition imposed by this Court in Criminal Application No. 5048/2013. Both the sides are heard.

2.

While granting bail to applicant in a crime registered for the offences punishable under sections 420, 409, 34 etc. of I.P.C., this Court has imposed the condition that the applicant should not leave Latur District where the offence is committed without prior permission of the Sessions Court, Latur. In the present application, it is contended by the applicant that it is causing hardship to the applicant to live in Latur because he is suspended and he has shifted to Pune and his family lives in Pune. In view of the nature of offence, this Court has directed the investigating agency to ascertain as to whether there is

Cri. Appln. No. 688/15 possibility of abscondence of applicant. It appears that one flat is seized and attached in the crime. But, there is one more flat bearing No. 26 situated at Udai Apartment, Shridhar Nagar, Dhanakwadi, Pune and there is no possibility of abscondence. In view of this circumstance, this Court holds that the condition can be relaxed.

3.

In the result, the application is allowed. He is allowed to live in Pune at the aforesaid address. However, this order will not come in the way of his employer in imposing any condition which is ordinarily there in suspension order regarding the attendence during the suspension period in the office. [ T.V. NALAWADE, J. ] ssc/