Akash Sanjay Kale v. The State Of Maharashtra

949-appln-1399-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1399 OF 2023 IN BA/517/2022 AKASH SANJAY KALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Niraj Chudiwal h/f Mr. Jadhav Satej S APP for Respondent/State : Mr. S.P. Sonpawale ...

CORAM : S.G. MEHARE, J.

DATED : MAY 03, 2023 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant is seeking relaxation of condition imposed by this Court by order dated 22.04.2022 that he should not visit or reside at Borgaon (Budruk), Tq. Dharangaon, District Jalgaon till conclusion of the trial. As far as the condition in clause no.(iv) of the operative part of the order is concerned, learned counsel for the applicant states that it was inadvertently typewritten. The application is restricted to relax the condition in clause no.(iii) of the order dated 22.04.2022.

3.

The applicant is seeking relaxation of the condition as he proposed to marry on 07.05.2023. He has roots in the said village. The learned Prosecutor has verified the facts and stated that the

949-appln-1399-2023.odt (2) applicant has not violated the bail conditions. The applicant is abiding the bail conditions since 22.04.2022 honestly. He has his own marriage on 07.05.2022. Considering the past and obedience of the applicant in following the conditions promptly and no material progress in the trial, the Court is of the view that the said condition is liable to be relaxed. Hence, the following order :

ORDER

I) The application is allowed.

II) The condition in clause no.(iii) not to visit or reside at Borgaon (Budruk), Tq. Dharangaon, District Jalgaon till conclusion of the trial imposed by this Court in Bail Application No.517 of 2022 by order dated 22.04.2022 stands relaxed.

(S.G. MEHARE, J.) Mujaheed//