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Bombay High CourtAPPLN/4192/2025application allowed

Sanjay Bhagwan Nangare v. The State Of Maharashtra And Others

2025-11-13Hon'Ble Shri Justice Sushil M. Ghodeswar4 pages

2025:BHC-AUG:31014 *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4192 OF 2025 IN APEAL/667/2025 SANJAY BHAGWAN NANGARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Andhale Sandip R., Advocate for the Applicant. Ms.Uma S. Bhosle, APP for Respondent Nos.1 and 2/State. Ms. Vanita H. Sangole, Advocate (appointed through High Court Legal Aid), for Respondent No.3.

...

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 13 November 2025 P. C. :- 1.

This is an application filed by the applicant for relaxing condition No.8(f) imposed by this Court while granting regular bail vide order dated 13.10.2025 passed in Criminal Appeal No.667/2025.

2.

Vide order dated 13.10.2025, this Court has imposed condition vide clause No.(f), which reads as under:- "[f] The applicant shall not enter the territorial jurisdiction of Shevgaon Police Station till the conclusion of the trial."

*2* 3.

Learned advocate for the applicant submits that the applicant is a member of the National Communist Party of India. He had contested the last election for the post councillor of Shevgaon Municipal Council. In the last week, the elections to the Municipal Council have been declared and the applicant is willing to contest this election. However, he is unable to enter in town Shevgaon due to the condition imposed by this Court. For the purpose of contesting election, the applicant is required to physically present in Shevgaon town. Learned advocate further submits that right to contest the election is a fundamental right available to the applicant under the Constitution of India. Therefore, in order to enable him to contest the election, he may be permitted to enter in Shevgaon city. Accordingly, it is prayed that the said condition be relaxed and the applicant be permitted to enter in Shevgaon town.

4.

On the other hand, learned APP appearing for the State submits that the applicant/ accused is involved in heinous crime. The victims are belonging to Scheduled Caste community and if the applicant is permitted to enter in Shevgaon town, there

*3* are chances of pressurizing witnesses. She, therefore, opposed this application.

5.

Learned advocate Ms.Vanita Sangole appearing for respondent No.3/ informant adopted the submissions of learned APP and submitted that if the condition is to be relaxed, same be relaxed only for the period of election.

6.

In view of the above, I find substance in the submissions of learned advocate for the applicant. It is also pointed out that no conditions are violated by the applicant and has cooperated with the investigating officer. Hence, this Criminal Application is allowed. Condition No.(f) in the order dated 13.10.2025 is relaxed till 03.12.2025 and the applicant/ appellant is permitted to enter in territorial jurisdiction of Shevgaon Police Station only till 03.12.2025. 7.

Ms.Sangole submits that her name in the order dated 11.11.2025 was wrongly typed as Ms.Vanita H. Sangle. As such, the name of advocate for respondent No.3 be read as Ms.Vanita H. Sangole instead of Ms.Vanita H. Sangle in the order dated 11.11.2025.

*4* 8.

Learned advocate Ms.Vanita Sangole is appointed through High Court Legal Aid Services Sub Committee, to represent the contesting respondent. Her fees be quantified and paid to her as per rules.

9.

Parties to act on a copy of this order obtained/ printed from official website of this Court.

kps ( SUSHIL M. GHODESWAR, J. )