Shivaji Alias Shivhar Tukaram Potphale v. The State Of Maharashtra

60 CRI.appln NO. 3634 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 60 CRIMINAL APPLICATION NO. 3634 OF 2025 IN BA/977/2022 Shivaji Alias Shivhar Tukaram Potphale

VERSUS

The State Of Maharashtra ...

Mr. Deshmukh Anand I., Advocate for Applicant Mr. K. K. Naik, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 13.10.2025 PER COURT :- 1.

This is an application for relaxation of the condition imposed by this Court on the applicant while granting him bail vide order dated 28.07.2025 passed in Bail Application No.977 of 2022, namely, "The applicant shall not enter village Shevadi (Bajirao), Tq. Loha, Dist. Nanded till conclusion of trial."

2.

The learned advocate for the applicant submitted that the trial is not yet started and that the applicant is facing inconvenience. It is also submitted that the applicant is suffering from last stage liver cancer and in view of this he submitted that condition No.3 may be canceled. 3.

The learned APP for the State opposed the application and submitted that if the said condition is relaxed, the applicant will

(( 2 )) 60 CRI.appln NO. 3634 OF 2025 pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

4.

Perused the order dated 28.07.2025 passed by this Court in Bail Application No.977 of 2022 and the relevant documents. Considering the peculiar facts and circumstances of the case, the application deserves to be allowed. Condition No.3 in Bail Application No.977 of 2022, namely, "The applicant shall not enter village Shevadi (Bajirao), Tq. Loha, Dist. Nanded till conclusion of trial" is hereby relaxed.

5.

The applicant to communicate this order to the learned Trial Court and the concerned Police Station.

6.

The application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav