Shivmurti Vinayak Pawar v. The State Of Maharashtra And Another

Cri. W.P. No.1432/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1432 OF 2021 Shivmurti s/o Vinayak Pawar ... PETITIONER

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. D.M. Shinde, Advocate for petitioner Mr. S.P. Sonpawale, A.P.P. for respondent No.1. Mr. A.R. Syed, Advocate for respondent No.2.

.......

CORAM :

R. G. AVACHAT, J.

DATE :

26th FEBRUARY, 2022.

PER COURT :

Heard. The challenge in this petition is to the order dated 1/12/2021, canceling the bail granted to the petitioner herein. After having heard the learned counsel for both the parties for a while and on going through the history of proceedings between the parties, the Court is inclined to upset the order under challenge with some conditions/ rider that the petitioner shall not enter the village wherein the informant/ complainant resides till decision of the Sessions Case. Learned counsel for the petitioner concedes to such condition.

Cri. W.P. No.1432/2021 :: 2 ::

2.

In view of the above, the petition stands disposed of in terms of the following order :

O R D E R

(i) The Criminal Writ Petition is allowed.

(ii) The impugned order dated 1/12/2021, passed by learned Additional Sessions Judge, Kandhar, below Exh.1 in Other Misc. Criminal Application No.167/2021 is set aside, on condition that the petitioner shall not enter the village Kartala, Taluka Kandhar, District Nanded until decision of Sessions Case, except in case of required to pass by/ through the village for onward journey.

( R. G. AVACHAT ) JUDGE fmp/-