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Bombay High CourtAPPLN/6033/2016application allowed

Ajay @ Ravi Govind Vaje v. The State Of Maharashtra

2016-11-16Hon'Ble Shri Justice A.S. Chandurkar2 pages

criap6033.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6033 OF 2016 IN CRIMINAL APPLICATION NO.5532 OF 2015 Ajay alias Ravi Govind Vaje ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr V.R. Dhorde, Advocate for applicant;

Mr P.N. Kutti, Addl. Public Prosecutor for respondent CORAM : A.S. CHANDURKAR, J.

DATE : 16th November, 2016 ORAL ORDER :

By the present application, the applicant seeks relaxation of condition No. (IV) in the order dated 26th November, 2015, passed by this Court granting bail to the applicant. By said condition No. (IV), the applicant was directed to keep himself away from the limits of Kopargaon Municipal Council till the trial was to commence. 2.

It is submitted on behalf of the applicant that he intends to contest the elections to the Kopargaon Municipal Council, that is scheduled on 28th November, 2016. The applicant has submitted his nomination form pursuant to the interim order granted on 26th October, 2016. It is further submitted that during this period the applicant has not misused his liberty. 3.

The application is opposed by learned Addl. Public Prosecutor on the ground that relaxation of said condition would render the witnesses

criap6033.16 (2) vulnerable to pressure. There is apprehension that the applicant may tamper with the prosecution witnesses.

4.

This Court on 26th November, 2015 had granted bail to the applicant and had imposed the aforesaid condition. By subsequent order dated 27th July, 2016, condition No. (IV) was relaxed for a period of three months. During this period, there is no complaint of said liberty being misused. By order dated 26th October, 2016, said condition was relaxed till today. Considering the fact that the applicant has filled in his nomination form for the aforesaid elections, results of which are to be declared on 28th November, 2016 and there is no complaint regarding misuse of liberty granted earlier, the application is allowed. Condition No. (IV) in the order dated 26th November, 2015 is relaxed till 30th November, 2016. Application stands allowed.

(A.S. CHANDURKAR, J.) amj