Mohan Janardhan Patil v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1284 OF 2022 IN BAIL APPLICATION NO.104 OF 2022 Mohan s/o Janardhan Patil ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT .......
Mr. M.B. Kolpe, Advocate for applicant Mr. R.B. Bagul, A.P.P. for respondent - State .......
WITH CRIMINAL APPLICATION NO.1629 OF 2022 Vasant s/o Rameshwr Chavan ... APPLICANT
VERSUS
Mohan s/o Janardhan Patil & anr.
... RESPONDENTS .......
Mr. T.M. Venjane, Advocate for applicant Mr. M.B. Kolpe, Advocate for respondent No.1. Mr. R.B. Bagul, A.P.P. for respondent No.2 - State .......
CORAM :
R. G. AVACHAT, J.
DATE :
3rd AUGUST, 2022.
PER COURT :
Heard. Criminal Application No.1629/2022 is allowed. The original complainant is permitted to assistant learned A.P.P.
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2.
This application has been moved for relaxation of condition, restraining the applicant from entering the village. The learned A.P.P. informs that the applicant has no criminal antecedents, as per the the investigating officer's report. He also informs that, the conditions imposed while releasing the applicant on bail have not been breached.
3.
Mr. Venjane, the learned counsel for the original complainant submits that, this Court had granted bail to the applicant only because he undertook not to enter the village. If the condition is relaxed, the applicant may indulge in criminal activity.
4.
The condition was imposed way back in February 2022. The trial has not yet commenced. The applicant has the agricultural field in the nearby village. The applicant and his son are the only male members in his family. Both have been imposed with the condition not to enter the village. In view of the above condition, the applicant is unable to cultivate his land to earn his living. The applicant himself undertakes that he will not enter the village and he will directly enter his field without entering the village. 5.
In view of the above, the condition that the
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applicant shall not enter the village to continue until conclusion of the trial shall remain in force till conclusion of the trial. The applicant is, however, permitted to visit his land for cultivation as and when required.
6.
The Criminal Application is disposed of accordingly.
( R. G. AVACHAT ) JUDGE fmp/-