Sahebrao Punjaji Sonawane And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:21891 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 CRIMINAL APPLICATION NO. 1494 OF 2025 IN APEAL/920/2022 SAHEBRAO PUNJAJI SONAWANE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. S.S. Chapalgaonkar, Advocate for the applicants. Mr. S.B. Jadhav, APP for the respondent-State. Mr. Sudhir B. Akhade h/f. Mr. Praful Sagalgile, Advocate for respondent No.2.

CORAM

: KISHORE C. SANT, J.

DATE : 11.08.2025 PC :- 01.

Heard learned Advocates for the parties. This application is preferred seeking relaxation of condition mentioned in clause No.(iv) while granting bail to the present applicants by this Court, vide order dated 05.01.2023 in Criminal Appeal No. 920 of 2022. Condition mentioned in clause No.(iv) reads as under :- iv) The appellants shall not enter the jurisdiction of village Manjur, Tq. Kopargaon, Dist. Ahmedabad till the conclusion of trial. They should reside elsewhere, and before submission of bail papers, the appellants should give complete address of their proposed residence with their mobile numbers to the Trial Court as well as to the Investigating Officer."

( 2 ) 02.

Thus, in view of the condition, the applicants are restrained from entering the village. It is case of applicant No.1 Sahebrao that he is 71 years of age. Applicant No.2 - Shankar is 62 years of age. Sahebrao suffered from knee and spine and Shankar has undergone heart surgery. The medical certificates to that effect are annexed to the application. The applicants had earlier approached this Court for relaxation of the condition. However, their Criminal Application No. 456 of 2024 was rejected. They had approached this Court by filing Criminal application No. 2639 of 2024. This Court though rejected the application, granted liberty to the applicants to renew their prayer after six months if the trial does not commence.

03.

The learned Advocate for the applicants submits that since the date of bail there is no progress in the Trial and till now only charges are framed. Looking to the age and diseases the applicants are suffering from, they deserve relaxation of the condition. Since these applicants are already on bail and question is only of relaxation of condition, this Court finds that looking to the age and the health conditions of the applicants, the applicants deserve relaxation from the condition. Hence, following order :-

( 3 ) i) This Criminal Application is allowed.

ii) Condition mentioned in clause (iv) of order dated 05.01.2023 in Criminal Appeal No. 920 of 2022 stands relaxed.

iii) It is made clear that if any other condition mentioned in the said order is flouted by the applicants, their bail shall be liable to be cancelled.

[KISHORE C. SANT, J.] snk/2025/Aug25/cria1494.25