Sanjay Haribhau Satre And ANR v. The State Of Maharashtra

1 Cr.Apln. 4852.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO. 4852 OF 2016 IN APPLN/5782/2015 SANJAY HARIBHAU SATRE AND ANR.

VERSUS

THE STATE OF MAHARASHTRA .............................

Mr. Joydeep Chatterji, Advocate for Applicants. Mr. N.B.Patil, A.P.P. for Resp. - State.

..............................

CORAM : A.M.BADAR, J.

DATE : 27th SEPTEMBER, 2016 .............................

PER COURT :

1.

This is an application filed by the applicants Sanjay Haribhau Satre and Sandip Baban Satre for relaxation of condition No. 8 (iii) imposed by this Court vide Order dated 11/01/2016 while disposing of their Criminal Application No. 5782 of 2015. By this condition, these 2 applicants were apprehended from entering in village Wambori, Tq. Rahuri, Dist. Ahmednagar till recording of the evidence in the Sessions Case while enlarging them on bail in Criminal Application No. 90 of 2015 registered with Rahuri police station, Rahuri. 2.

Heard the learned counsel for

2 Cr.Apln. 4852.2016 applicants/accused. By pointing out several orders, the learned counsel argued that similarly situated accused persons are permitted now to enter in the village and as the applicants are agriculturists, asking them to remain away from their village is affecting their livelihood.

3.

The learned A.P.P. opposed the application.

4.

Perused common order dated 03/02/2016 in Criminal Application No. 321 of 2016 decided with other connected applications. In that order, the applicants therein were apprehended from entering the village only for a period of 6 months. After conclusion of that period, it is reported that they are now residing in the village without any overt act on their part.

5.

As similarly situated accused persons are permitted to reside in the village, I see no reason to deny the same treatment to present applicants. Hence, the following order.

(i) The condition No. 8 (iii) in the Order dated 11/01/2016 in Criminal Application No. 5782 of 2015 is relaxed and now applicant No. Sanjay Haribhau Satre and applicant No. 2 Sandip Baban Satre may enter and reside in the village in question.

[A.M.BADAR, J.] KNP/Cr.Apln. 4852.2016