Govind Sheshrao Kadam v. The State Of Maharashtra

6435.15crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6435 OF 2015 1.

Govind s/o Sheshrao Kadam 2.

Sakharam Sheshrao Kadam 3.

Satish Sakharam Kadam ...Applicants versus The State of Maharashtra

...Respondent

.....

Mr. S. S. Bora, Advocate for applicants Mr. S. Y. Mahajan, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 15th FEBRUARY, 2016 ORAL ORDER :

The applicant Nos. 2 and 3 were ordered to be released by this Court on regular bail on 26/02/2014 by incorporating condition that they shall not enter the village of the prosecutrix till disposal of case filed against them. The other accused Govind, who is applicant No. 1 aged about 60 years was also released by learned Sessions Court by an order dated 24/03/2014 on the same condition. 2.

The applicants are seeking relaxation of the said condition on the ground that the prosecutrix is not residing in the village and has shifted to Nanded as is apparent from the report of Police Inspector, Ardhapur Police Station submitted on 30/10/2015 to

6435.15crapln -2learned District Judge, Nanded.

3.

I have analysed the evidence so as to consider as to whether the applicants could be permitted to enter the village. 4.

In my opinion, having regard to the evidence as is collected by the Investigating Agency and degree of evidence as is available, particularly, in the background of the fact that the prosecutrix is not residing in the village, it will be appropriate to grant the application.

5.

The condition, as is incorporated in para No. 5 of the order dated 26/02/2014 passed in Criminal Application No. 892/2014 and 893/2014 by this Court and condition No. 5 in the order dated 24/03/2014 passed in Criminal Application No. 206/2014 by the Additional Sessions Judge, Nanded, are hereby relaxed. 6.

Criminal Application is allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/15.02.16