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Bombay High CourtAPPLN/1335/2021disposed off

Datta S/O Raosaheb Mane And ANR v. The State Of Maharashtra

2021-09-27Hon'Ble Shri Justice V. G. Bisht3 pages

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO 1335 OF 2021 IN BAIL APPLICATION NO. 1049 OF 2020 1.

Datta S/o Raosaheb Mane, Age : 53 years, Occu. Agri., 2.

Ganesh S/o Datta Mane, Age : 29 years, Occu. Agri., R/o. At Post Bolegaon, Tq. Nilanga, Dist. Latur.

...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. P. P. More, Advocate for the applicants Mrs. V. S. Choudhari, APP for respondent / State .....

CORAM : V. G. BISHT, J.

DATE OF RESERVING THE ORDER : 23rd September, 2021 DATE OF PRONOUNCING THE ORDER : 27th September, 2021 PER COURT : - 1.

By this application, the applicant seeks relaxation of condition no. (ii) of the operative part of the order dated 24th September, 2020 passed by this Court in Bail Application No. 1049 of 2020.

-22.

Heard Mr. P. P. More, learned Counsel appearing on behalf of the applicants and Mrs. V. S. Choudhari, learned APP for the State.

3.

Mr. P. P. More, learned Counsel for the applicants, submits that applicant no. 1 is the Karta of his family. The applicants have agricultural lands and there is nobody to cultivate the said lands. As the crop season has set in, their presence is necessary as to as earn the livelihood for the family members.

4.

Mrs. V. S. Choudhari, learned APP, on the other hand, would oppose the submissions by contending that the applicants are involved in serious offences and that is why this Court was pleased to direct them not to enter within the limits of village Bolegaon, Taluka Nilanga, District Latur, till conclusion of the trial. 5.

I have gone through the contents of the application. The ground raised for relaxation of condition of bail is that because of ongoing agricultural season, their presence is required to cultivate the lands.

-36.

In my considered opinion, after taking into consideration all the aspects pertaining to the applicants, this Court had, vide order dated 24th September, 2020, directed the applicants that they shall not enter within the limits of Bolegaon, Taluka Nilanga, Dist. Latur, till conclusion of the trial. I do not find any material change in the circumstances. I am, therefore, not inclined to entertain the application.

7.

In view of above, I pass the following order.

ORDER

The application is rejected.

[ V. G. BISHT ] JUDGE