Tukaram S/O Mahadji Lute v. The State Of Maharashtra

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2252 OF 2017 APPLN/858/2017 WITH APPLN/2451/2017 IN APPLN/2252/2017 TUKARAM S/O MAHADJI LUTE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Suryawanshi Nitin B. APP for Respondents: Mr. S.M. Ganachari .....

CORAM : V. K. JADHAV, J.

DATED : 22nd AUGUST, 2017 PER COURT:- 1.

This is an application for relaxation of condition imposed by this court while disposing of criminal application No. 858 of 2017 directing the applicants not to enter within the jurisdiction of Sonkhed police station.

2.

Learned counsel for the applicants submits that the applicants are agriculturists by occupation and their residential houses and agricultural lands are situated within the jurisdiction of Sonkhed police station. Learned counsel submits that in respect of the coaccused in the same crime, this court by order dated 5.1.2017 in criminal application No. 6343 of 2016 has directed the co-accused, applicants therein, as not to enter within the jurisdiction of concerned police station till filing of the charge sheet. However, in criminal

-2application No. 1407 of 2017 and criminal application No. 1819 of 2017, by order dated 12.4.2017, this court has not imposed any such condition while releasing the co-accused on bail. 3.

Learned A.P.P. has strongly resisted the application on the ground that as per the report submitted by the investigating officer, there are two political groups in village Shevadi (Bajirao), Tq. Loha, district Nanded and if the conditions imposed by this court is relaxed, there is possibility of commission of similar offences. 4.

It appears that the co-accused in the same crime came to be released on condition of attending the police station till filing of charge sheet. Even though the charge sheet came to be filed on 16.1.2017, no any untoward incident has taken place in the said village.

5.

The application is hereby partly allowed. Instead of keeping the applicants outside the jurisdiction of Sonkhed police station till conclusion of trial, in C.R. No. 67 of 2016, the applicants shall attend the concerned police station once in a week on every Sunday between 9.00 a.m. to 11.00 a.m. till conclusion of trial. 6.

Criminal application is disposed of.

-37.

In so far as the criminal application No. 2451 of 2017 is concerned, none present for the applicant-intervenor. Application is accordingly disposed of.

( V. K. JADHAV, J.) rlj/