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Bombay High CourtAPPP/549/2023rejected

Pawan S/O Ashokrao Bhoyar And 3 Others v. State Of Mah. Thr. Pso Beltarodi Nagpur

2023-12-21Hon'Ble Justice Urmila Joshi Phalke2 pages

2023:BHC-NAG:17518

(1) 4.appp.549.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.549 OF 2023 IN CRIMINAL APPLICATION (ABA) NO.694 OF 2022 Pawan s/o Ashokrao Bhoyar and others Vs.

State of Maharashtra through Police Station Officer, Beltarodi Police Station, Nagpur ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. W. Sambre, Advocate for applicants.

Ms. Trupti Udeshi, APP for respondent/State. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 21/12/2023 1.

By this application, the applicants are seeking relaxation in the condition imposed while confirming anticipatory bail to the present applicants.

2.

Perused the order passed by this Court in Criminal Application (ABA) No.694/2022 wherein it is observed by this Court while releasing them on bail that because of the present applicants, the injured has sustained simple injury. As investigation was in progress they were directed not to enter into the territorial jurisdiction of Beltarodi Police Station, Nagpur city, till the culmination of the trial, except for the trial. This condition was imposed on the applicants.

(2) 4.appp.549.2023 3.

Considering the fact that on earlier five occasions, due to the dispute between the parties five Ncs were registered at the instance of the complainant against the applicants. Considering the circumstances mentioning by this Court while releasing them on bail, it would not be appropriate to relax the said condition, as there is apprehension that if they enters into the jurisdiction of Beltarodi, the possibility of tampering of the witnesses or possibility of happening of similar type of incident cannot be ruled out.

4.

In view of that application is rejected.

(URMILA JOSHI-PHALKE, J.) Sarkate