Tarbez Ali @ Raju Habib Ali Pathan v. The State Of Mah. Thr. Pso, Andhera, Tq. Deulgaon Raja, Dist. Buldhana.

2024:BHC-NAG:5762

(1) 908.appp.772.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.772 OF 2024 IN CRIMINAL APPLICATION (BA) NO.901 OF 2023 Tarbez Ali @ Raju Habib Ali Pathan Vs.

State of Maharashtra, Through Police Station Officer Andhera, District Buldhana ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. I. D. Thakare, Advocate for applicant.

Ms. Swati Kolhe, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/05/2024 1.

By this application, the applicant is seeking modification of condition.

2.

The applicant was prosecuted for the offences punishable under Sections 143, 147, 148, 307, 326, 324, 452, 506 read with Section 149 of the Indian Penal Code and under Section 4/25 of the Arms Act and under Section 135 of the Maharashtra Police Act.

3.

Considering the gravity of the offence and the apprehension raised by the prosecution, the condition was imposed that "the applicant shall not enter in the area of Deulgaon Raja Taluka, till the recording evidence of injured witnesses."

4.

The fact of the case shows that the injured has sustained the injury due to the assault by the applicant and other the co-accused. The applicant is

(2) 908.appp.772.2024 released on bail. Considering the investigating is completed, but still there is an apprehension of tampering of the witnesses and therefore, the said condition is imposed.

5.

Considering the reason mentioned in the application, which is not sufficient to modify the condition imposed on the applicant, application deserves to be rejected. Accordingly, I proceed to pass following order:

The application is rejected.

(URMILA JOSHI-PHALKE, J.) Sarkate