Chandrakalabai Wd/O. Janardhan Mundhe v. The State Of Maharashtra And Another

946-ACB-86-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.86 OF 2022 IN BA/1003/2021 CHANDRAKALABAI WD/O. JANARDHAN MUNDHE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. D. K. Rajput APP for Respondent No.1/State : Mr. S. B. Narwade Advocate for respondent No.2 : Mr. K. D. Bade Patil ...

CORAM : S. G. MEHARE, J.

DATE : 15.03.2023 PER COURT :

1.

Heard the learned counsel for the applicant, the learned A.P.P. for respondent No.1/State and the learned counsel for respondent No.2. 2.

It has been alleged against respondent No.2/accused that, he is threatening the witnesses. One of the eyewitness is a child. However, no conditions were imposed while granting him a bail. It is presumed that the accused shall not tamper with the prosecution witnesses. If he does so, it is a ground to refuse the bail. In the facts and circumstances of the case, it would be appropriate to protect the interest of the witnesses by imposing certain conditions against respondent No.2. Hence, the following order :-

946-ACB-86-2022.odt

ORDER

(i) Respondent No.2 shall not enter the village Dongaon, Taluka Ambad, District Jalna, till the material witnesses including the child witness have been examined. (ii) The learned Additional Sessions Judge, Ambad, District Jalna, is directed to open the trial forthwith, frame the charges and the Prosecutor is directed to examine the material witnesses at the earliest, within three months from the date of receipt of this order, subject to co-operation of the accused.

(iii) In the above terms, the application for cancellation of bail stands disposed of.

( S. G. MEHARE ) JUDGE ysk