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Bombay High CourtAPPP/91/2024rejected

Pravin S/O. Bhaiyalal Neware v. State Of Mah. Thr. Pso Davaniwada, Dist. Gondia.

2024-03-13Hon'Ble Justice Urmila Joshi Phalke2 pages

2024:BHC-NAG:3262

(1) 4.appp.91.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.91 OF 2024 IN CRIMINAL APPLICATION (BA) NO.356 OF 2023 Pravin s/o Bhaiyalal Neware Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Davaniwada District Gondia ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Gauri Mishra, Advocate h/f Mr. V. S. Mishra, Advocate for applicant. Ms. H. S. Dhande, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 13 /03/2024 1.

The application is for relaxation of the condition imposed by this Court while releasing the present applicant on bail.

2.

The applicant is arraigned as an accused in Crime No.258/2022 registered at Davaniwada Police Station, District Gondia for the offences punishable under Sections 302, 307 of the Indian Penal Code. While considering the bail application, this Court has considered the investigation papers and considering the apprehension raised by the learned APP, the condition was put that 'the applicant shall not enter the Gondia District, except for the purpose of attending the case at Sessions Court at Gondia, till the decision of the trial.' This condition is imposed

(2) 4.appp.91.2024 considering the apprehension that there is every likelihood of tampering of the witnesses. Till today, no trial is commenced, in view of that, there is no sufficient ground on record to consider the application for cancellation or relaxation or modification of the bail condition. In view of that, application deserves to be rejected. Accordingly, the application is rejected.

(URMILA JOSHI-PHALKE, J.) Sarkate