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Bombay High CourtAPPP/1213/2018dismissed

Chandrakumar @ Pintu S/O. Suresh Jaiswal (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Kanhan Dist. Nagpur

2019-04-18Hon'Ble Shri Justice Z.A. Haq2 pages

1 1-appp-1213-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1213 OF 2018 IN CRIMINAL BAIL APPLICATION NO. 427 OF 2017 Chandrakumar @ Pintu Suresh Jaiswal ..VS..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Devendra V. Chauhan for the applicant.

Mr. S.S. Doifode, APP for the Respondent-State. CORAM : Z.A.HAQ, J.

DATED : 18/04/2019 1.

Heard.

2.

By order dated 20th July 2017, this Court directed that the applicant be released on bail. While directing that the applicant be released on bail, this Court imposed certain conditions, one of which being that the applicant shall not enter Kanhan city District Nagpur till conclusion of the trial, except with prior permission of the Sessions Court. This condition came to be imposed as the Investigating Agency had shown apprehension that if the applicant is released on bail, he may pressurize the witnesses.

To counter the submission made by the Investigating Agency, the applicant had voluntarily stated that he will not enter Kanhan City and shall stay in Chandrapur District. Accepting the statement made on

2 1-appp-1213-18 behalf of the applicant, this Court had directed that the applicant shall not enter Kanhan city till conclusion of the trial.

3.

The applicant has now filed this Criminal Application seeking relaxation of the condition. According to the applicant, the condition is required to be relaxed, as the trial has not commenced and there is no chance that it will commence in near future. 4.

It is pointed out that the matter is kept for compliance by the prosecution regarding supplying the CD and other material i.e part of charge-sheet and then charge will be framed.

5.

Considering the facts of the case, I am not inclined to grant prayer made in this criminal application and relax the condition imposed while directing that the applicant be released on bail.

The Criminal Application is dismissed.

(Z.A.HAQ, J.) Sknair