Jayesh Rajendra Waghmare And Another v. The State Of Maharashtra

938-appln-1489-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1489 OF 2023 IN BA/1133/2022 WITH APPLN/1491/2023 IN BA/856/2022 WITH APPLN/1490/2023 IN BA/1343/2022 MANOJ BALAJI KAMBLE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Syed G R APP for Respondent/State : Mr. K.S. Patil ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 07, 2023 PER COURT:- 1.

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

2.

The applicants are seeking modification of the condition imposed in the bail orders not to enter village Lohara, Taluka Udgir, District Latur, till conclusion of the trial. He would submit that the applicants have their field 5 km away from village Lohara. For cultivation and to maintain the income source, they may atleast be allowed to enter their field.

3.

Learned APP would submit that the applicants shall not misuse the liberty granted to them to enter their field which is 5 km away from village Lohara. Learned counsel for the applicants undertakes that they would exclusively go to the field and would never enter village Lohara and follow the condition.

938-appln-1489-2023.odt (2) 4.

In view of the above fact, if the applicants are allowed to enter their field which is 5 km away from village Lohara, would make no difference. The applicants have right to cultivate the land as it is their source of income. Hence, all the applications are allowed allowing them to enter their field only, which is 5 km away from village Lohara.

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