Uday S/O Devidas Goplani v. The State Of Mah. Thr. Pso, Ramnagar Ps, Gondia, Dist. Gondia.

2023:BHC-NAG:12518 1 appp 1121.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APPP) No. 1121 of 2023 in Criminal Application (BA) No. 815 of 2022 [Shri Uday s/o Devidas Goplani ..vs.. The State of Maharashtra, through P.S.O., Ramnagar P.S., Gondia, 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. A. A. Gupta, Advocate for the applicant Mr. M. J. Khan, APP for the State/non-applicant CORAM : M. W. CHANDWANI, J.

DATED : 22-08 - 202 By order dated 17-8-2022, this Court, while granting bail application, imposed condition nos. (iii) and (iv) which read as under :- "(iii) The applicant shall not enter into the territorial jurisdiction of Gondia till culmination of the trial.

(iv) The applicant shall provide his address and name of the nearest Police Station which he shall attend on every first and sixteenth day of every month between 10.00 a.m. and 11.00 a.m., till culmination of the trial."

2.

By the present application, the applicant prays for modification of aforesaid condition nos. (iii) and (iv). It is the contention of the learned counsel for the applicant that the applicant has shifted to Nagpur. The applicant is in business of property dealings. For business purpose, the applicant is required to go to Gondia. Accordingly,

2 appp 1121.2023.odt he prays that condition no. (iii) be suitably modified. It is also the contention of the learned counsel for the applicant that condition no. (iv) be modified since the applicant has attended the concerned police station for quite some time and has not misused the liberty. 3.

Learned Additional Public Prosecutor submits that he has no objection if the condition (iii) is suitably modified, but it should be subject to information to Police Station, Ramnagar, Gondia.

4.

Considering the fact that the main accused who has been released on bail by this Court vide order dated 3-7-2023 wherein, rather, he was asked not to leave territorial jurisdiction of Gondia without prior permission of the Court, till culmination of the trial and considering the passing of sufficient time as well as the fact that the applicant is required to visit Gondia, condition nos. (iii) and (iv) in the order dated 17-8-2022 be substituted as under.

(iii) The applicant is permitted to visit Gondia City, twice in a week, provided he should inform his arrival to Gondia and departure from Gondia to Ramnagar Police Station, Gondia.

3 appp 1121.2023.odt (iv) The applicant shall attend Jaripatka Police Station, Nagpur on second Sunday of every month, till culmination of the trial.

5.

The application is disposed of.

(M. W. Chandwani, J.) wasnik