Ganesh S/O Panditrao Jadhav v. State Of Mha. Thr. Pso Ps Ramnagar Gondia
2024:BHC-NAG:4349 08.APPP.418.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.418 OF 2024 IN CRIMINAL APPLICATION (BA) NO.1027 OF 2022 (Ganesh Panditrao Jadhav Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.S. Manohar, Advocate for the applicant. Ms Kolhe, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- APRIL 15, 2024.
By this application, the applicant is seeking relaxation of the condition which are imposed while releasing him on bail.
2.
By order dated 06/09/2022, this Court while granting bail to the present applicant imposed condition that "the applicant shall not enter into the territorial jurisdiction of Gondia till culmination of the trial." 3.
Learned Counsel for the applicant submitted that similar condition was imposed on the other accused namely Uday Devidas Goplani and others against whom serious allegations are levelled in the said FIR and this court has modified the condition and permitted him to visit the Gondia. Now, investigation is completed and charge-sheet is filed. Present applicant wants to visit Gondia to meet his old aged mother who is ailing and also he has to look after his business.
4.
In view of that, he be permitted to visit the Gondia city for the business purpose as well as to meet his
08.APPP.418.24.odt mother twice in a week.
5.
Learned APP strongly opposed the application on the ground that there is every possibility of tampering of the witnesses if he is permitted to visit Gondia. In view of that, application deserves to be rejected. 6.
Considering the fact that, other accused against whom the serious allegations are made which can be ascertained from the bail order which are previously passed and this Court while releasing the applicant on bail observed that the co-accused Uday Goplani who appears to be the root cause of the dispute has been released on bail. Thus, it is apparent that the condition imposed on the other co-accused against whom serious allegations are made was already relaxed. Similar directions can be granted in respect of the present applicant also. 7.
In view of that condition imposed vide Clause No.9(iii) in operative portion can be modified in a following manner :
"The applicant be permitted to visit the Gondia city twice in a week on condition that he should inform his visit details to the Ramnagar police station, Gondia in advance.
The applicant shall attend Jaripatka Police Station, Nagpur on 2nd Sunday of every month till conclusion of the trial."
8.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya