Bombay High CourtAPPLN/4718/2024disposed off

Vishal Madhukar Dhas v. The State Of Maharashtra And Another

2024-12-11Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:29357 ( 1 ) cria4718.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO. 4718 OF 2024 IN ABA/917/2024 VISHAL MADHUKAR DHAS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.V.P. Narwade, Advocate for the applicant.

Mr.K.B. Jadhavar, APP for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 11.12.2024 PC :- 01.

This application is filed for relaxation of condition imposed by this Court while allowing anticipatory bail application of the applicant. In clause "A", this Court has directed the applicant not to enter taluka where the informant is residing and is taking education except for attending the Court proceeding and the concerned police station as and when called. This condition was imposed by order dated 01.08.2024. 02.

The applicant submits that that he is a college going student taking education in M.A. He has further annexed certificate dated 17.10.2023 issued by Civil Hospital, Ahmednagar showing that father of the applicant is paralyzed and is suffering from disability to the extent of 41%. It is prayed that said condition be relaxed. 03.

The learned APP vehemently opposes the prayer stating that the victim is resident of the taluka. She is hardly 15 years of age. If said condition is relaxed, there is every chance of the applicant trying to

( 2 ) cria4718.24 conduct the victim.

04.

However, looking to the fact that the father is a disabled person and there are other conditions imposed in the said order, this Court finds that said condition needs to be restricted to the filing of the charge sheet. Therefore, said clause (a) shall be read as under :- "a] Till filing of the charge-sheet, the applicant shall not enter into the taluka where the informant is residing and is taking education except for attending the court proceeding and the concerned police station as and when called." 05.

Criminal Application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/dec24/cria4718.24