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Bombay High CourtAPPLN/3823/2024dismissed

Dilip @ Dilbar Lahu Patil v. The State Of Maharashtra

2024-09-30Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:23425 111 APPLN.3823.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

111 CRIMINAL APPLICATION NO. 3823 OF 2024 IN BA/1104/2024 DILIP @ DILBAR LAHU PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Bharatkumar Ramdeo Warma. APP for Respondent/State : Mr. K. B. Jadhav.

...

CORAM :

KISHORE C. SANT, J.

DATE :

30th September, 2024.

P.C.:

.

This application is moved seeking relaxation of condition imposed by this Court vide order dated 6th August, 2024. The application is moved only by one of the applicants on the ground that he is working in the school as a Peon at Dhar. It is submitted that because of this condition, the applicant is not in a position to attend the school and is not getting his salary, provident fund etc. The amount is withheld and therefore, relaxation of the condition is sought. While passing the order 6th August, 2024 it was not pointed out that the applicant was in service. Clause (iv) of the operative order states that the applicants shall not enter Amalner Taluka for next three months except for attending the Court and police station. This Court finds that the order dated 6th August, 2024 was passed looking to the

111 APPLN.3823.2024.odt gravity, nature of offence and the conduct of the applicants. The present applicant is not in a position to attend the school, cannot be said to be a ground to relax the condition as the said condition is only for three months i.e. till 8th November, 2024. In view of the above, this Court does not find any reason to relax the said condition. The application stands disposed of as dismissed. [ KISHORE C. SANT, J. ] nga