← Library
Bombay High CourtAPPLN/4446/2025dismissed

Bhimraj Genu Avhad v. The State Of Maharashtra

2025-12-02Hon'Ble Shri Justice Sachin S. Deshmukh3 pages

2025:BHC-AUG:36591 1 Cr. Appln. 4446 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CRIMINAL APPLICATION NO. 4446 OF 2025 IN BA/1741/2023 BHIMRAJ GENU AVHAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Mr. S.S. Kazi APP for the respondent - State : Mr. V.M. Chate ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 2 DECEMBER 2025 PER COURT :

The present application is presented by the applicant, seeking relaxation of condition imposed by this Court in clause (e) of the judgment and order dated 25.10.2023 in Bail Application No. 1741 of 2023.

2.

The applicant was relased on regular bail in connection with Crime No. 36 of 2017 registered with MIDC Police Station, Ahmednagar for the offences punishable under section 304, 328 r/w. 34 of the Indian Penal Code and section 65(a), (b), (c), (d), (e), (f), 68 (a) (b), 80(1)(2) of the Maharashtra Prohibition Act and section 3(1)(i)(ii), 3(2), 3(4) and 4 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA).

2 Cr. Appln. 4446 / 2025 3.

By the aforesaid order, as per clause (e), the applicant was directed to attend the MIDC Police Station, Ahmednagar, on 17th of every month between 10.00 am and 2 pm till the conclusion of the trial. 4.

Learned counsel for the applicant submits that the applicant has regularly attended the concerned Police Station as directed by this Court. The other co-accused are also released on bail by the learned trial Court and no such condition is imposed upon them. It is further submitted that the chargesheet is filed and the investigation is completed. As such, the appicant is facing hardship in attending the Police Station. Hence, prayed to relax the said condition and allow the application.

5.

The learned APP has opposed the application.

6.

Perusal of the order dated 25.10.2023 of this Court in Criminal Bail Application No. 1741 of 2023 indicates that this Court has specifically directed the applicant to attend the concerned Police Station once in a month, till the conclusion of the trial. 7.

Apart from the completion of investigation and absence of such condition imposed upon the co-accused, no other sufficient ground or cause is shown by the applicant.

3 Cr. Appln. 4446 / 2025 8.

Thus, in the light of the specific direction by this Court in the earlier order directing the applicant to attend the concerned Police station till the conclusion of the trial, ground of inconvenience/hardship does not warrant consideration. As such, no case is made out to relax the said condition.

9.

Accordingly, the application is dismissed.

[ SACHIN S. DESHMUKH ] JUDGE arp/