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Bombay High CourtAPPLN/1942/2015disposed off

Ganesh S/O Laxman Pathare And ANR v. The State Of Maharashtra

2015-04-15Hon'Ble Shri Justice V.M. Deshpande2 pages

1 Cr.Apln. 1942.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1942 OF 2015 Ganesh s/o Laxman Pathare & Anr. .... APPLICANTS V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. Pravin Patil h/f Mr. V.R.Dhorde, Advocate for Applicants.

Mr. A.S.Shinde, A.P.P. for Respondent- State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 15th APRIL, 2015 .............................

PER COURT :

1.

This is an application for relaxation of condition imposed by this Court in Criminal Application No. 2224 of 2014.

2.

Heard Mr. Pravin Patil holding for Mr.

V.R.Dhorde, learned counsel for Applicants and Mr. A.S.Shinde, learned A.P.P. for Respondent - State. 3.

This Court on 23/06/2014 granted bail in favour of present applicants for the offences punishable u/s 307,325,324,323,504,506,326 read with 34 of the Indian

2 Cr.Apln. 1942.2015 Penal Code in connection with Crime No. 105/2013 registered with Shrirampur City police station, district Ahmednagar. 4.

The reason for relaxation of condition is found in paragaraph 4 of the present application. According to the applicants, they are agriculturists and have to maintain their family. There is nobody to look after their agricultural land. These were the particular circumstances when this court granted bail imposing condition upon the applicants that they shall not enter in the territorial limits of village Karegaon, Tq. Shrirampur, district Ahmednagar without prior permission of the concerned Sessions Court. The entry of the present applicants is not completely barred by the said order. Only the caveat is imposed that prior to entering in the said village, they have to seek permission from the concerned Sessions court. Therefore, it is for the applicants to satisfy the learned Sessions Judge, if they want to enter into the territorial limits of village Karegaon.

5.

Once the applicants are released on particular condition, the circumstances which were prevailing at the time of granting order, are not at all changed.

6.

In that view of the matter, no case is made out and hence the present Criminal Application is dismissed. [V.M.DESHPANDE, J.] KNP/Cr.Apln. 1942.2015