Rajendra S/O Anil Mayur v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6682 OF 2016 IN CRIMINAL APPLICATION NO.6614 OF 2015 Rajendra s/o Anil Mayur, Age: 74 years, Occ: Nil, Permanent R/o. 303, Shivaji Nagar, Jalgaon, Dist. Jalgaon, presently at Flat No.2, Madhupushpa Apartment, Bhavsar Colony, Dhule, District Dhule.

..APPLICANT

VERSUS

The State of Maharashtra Through Investigating Officer, Jalgaon City Police Station, Jalgaon, Dist. Jalgaon.

..RESPONDENT Mr N.B. Suryawanshi, Advocate for applicant;

Mr Pravin P. Chavan, Special Public Prosecutor for respondent CORAM : A.S. CHANDURKAR, J.

DATE : 9th DECEMBER, 2016 ORAL ORDER :

The present applicant was released on bail vide order dated 4th January, 2016 passed in Criminal Application No. 6614 of 2015. One of the conditions while releasing the applicant on bail

(2) was that he was not permitted to visit and / or enter Jalgaon city. In the application, it is stated that on 12th December, 2016 the function to celebrate birth anniversary of Padmashree late Shri. Bhawarlalji Jain, who was close friend of the applicant is scheduled. This function is to take place at village Shirsoli, Taluka and District Jalgaon, which is stated to be 12 kms. away from the city. It is, therefore, prayed that the condition as imposed be relaxed for a period of two days to enable the applicant to attend the said function.

2.

The application is opposed by the learned Counsel for the respondent by submitting that there is no case made out to relax the aforesaid condition. Similar condition has been imposed on other accused persons and the trial is yet to complete.

3.

Considering the fact that the applicant is seeking relaxation of aforesaid condition for the

(3) period of one day and as the said function is to be held at village Shirsoli, Taluka and District Jalgaon, said condition deserves to be relaxed. Since the application is supported by the affidavit of the applicant, the statements made therein are accepted as an undertaking by the applicant.

4.

The aforesaid condition imposed vide order dated 4th January, 2016 in Criminal Application No.6614 of 2015 of not entering Jalgaon is relaxed for the period from 6-00 p.m. on 11th December, 2016 till 6-00 p.m. on 12th December, 2016. It is made clear that the applicant shall visit Shirsoli village and shall not enter Jalgaon city.

5.

Criminal Application is allowed in above terms and disposed of.

The authenticated copy of this order be supplied to the parties.

(A.S. CHANDURKAR, J.) Tupe