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Bombay High CourtAPPLN/936/2025application allowed

Akash Chabu Kamble v. The State Of Maharashtra

2025-03-21Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:8433 {1} CR APPLICATION NO. 936 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 936 OF 2025 IN BA/664/2024 Akash S/o Chabu Kamble Age: 25 years, Occu.: Student, R/o. : Sulibhanjan, Tq.Kultabad, Dist.Aurangabad.

At present : Krishi Nagar, Dist.Parbhani.

....Applicant

Versus

The State of Maharashtra Through Khultabad Police Station, Aurangabad.

.....Respondent .....

Advocate for Applicant : Mr.Shrikant Sali h/f. Mr. Nilesh S. Ghanekar APP for Respondent : Mr.V.M.Jaware .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 21 MARCH, 2025 ORDER :

1.

Instant application is for relaxation of condition imposed vide clause (b) by this Court while deciding Bail Application No.664 of 2024 by order dated 23-04-2024.

2.

Learned counsel submitted that applicant is beneficiary of bail vide order dated 23-04-2024 passed in Bail Application No.664 of 2024, which was filed in consequence to his arrest in crime no.044 of

{2} CR APPLICATION NO. 936 OF 2025 2024 registered at Khultabad Police Station, Tq.Khultabad for offence under Sections 307, 504 read with 34 of the Indian Penal Code. It is further pointed out that now applicant's sister is getting married on 24-03-2025 and marriage is to be conducted at Vaishalinagar, Sulibhanjan, Tq.Khultabad, Dist.Chhatrapati Sambhajinagar / Aurangabad. Therefore, condition of not to enter in Sulibhanjan imposed by this Court by virtue of clause (b) of the order dated 23-04-2024 is sought to be relaxed to enable him to attend his real sister's marriage.

3.

Learned APP opposed application on the ground that there is possibility of misuse of liberty.

4.

After considering the above submissions and on going through the papers it transpires that after registration of above crime, present applicant filed Bail Application No.664 of 2024 and his application has been allowed by order dated 23-04-2024 imposing condition in clause (b) that "the applicant shall not enter in Sulibhanjan, Tq.Khultabad, till the conclusion of trial", which is the subject matter of present application and same is sought to be relaxed to enable applicant to attend his real sister's marriage. Copy of the marriage

{3} CR APPLICATION NO. 936 OF 2025 card is also annexed. It emerges from the said card that the marriage is on 24-03-2025 at 12:50 p.m. in Vaishalinagar, Sulibhanjan, Tq.Khultabad, Dist.Chhatrapati Sambhajinagar (Aurangabad). Therefore, for limited purpose, above condition is required to be relaxed. Hence, following order

ORDER

(I) Criminal Application No.936 of 2025 is partly allowed.

(II) The condition imposed vide Clause no.(b) of the operative order of the order dated 23-04-2024 passed in Bail Application No.664 of 2024 is hereby temporarily relaxed only for five days from today i.e. from 21-03-2025 to 25-03-2025.

(III) During the above period, the applicant shall report Khultabad Police Station, Dist.Aurangabad daily in the evening between 07:00 p.m. to 08:00 p.m.

(IV) Applicant shall not misuse the temporary relaxation so granted today, in any manner.

(V) Parties to act on an authenticated copy of this order. ( ABHAY S. WAGHWASE ) JUDGE SPT