Bhupesh Mohanlal Kanojiya v. State Of Mah. Thr. Pso Ps Desaiganj Tah.Desaiganj Dist.Gadchiroli And Another

(1) 7 appp 1597-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1597 OF 2025 IN CRIMINAL APPLICATION (BA) NO. 975 OF 2023 Bhupesh S/o Mohanlal Kanojiya Vs.

State of Maharashtra, Through PSO Desaiganj (Wadsa), Gadchiroli -------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------- Shri M.L. Vairagade, Advocate for applicant Shri Aditya Gohokar, APP for respondent/State CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12.08.2025 1.

By this application the applicant is seeking relaxation and modification of the condition. 2.

Heard learned Counsel for the applicant. Perused the order passed by this Court. The condition was imposed by this Court with intent to protect the witnesses. The order passed by this Court in paragraph No. 6 specifically states that specific role is attributed to the accused. The statement recorded under Section 164 of the Criminal Procedure Code would show that it is silent about the role played by the accused. It is further observed that the apprehension putforth by the learned APP as to the tampering of the witnesses and, therefore, the condition was imposed. The victim is yet to be

(2) 7 appp 1597-2025 examined before the Court. In view of that at this stage, it would not be appropriate to relax or modify the condition.

3.

At the most liberty can be granted to the present applicant to move to this Court after evidence of the victim is recorded. In view of that the application deserves to be rejected. Accordingly, I proceed to pass following order:

ORDER

Application is rejected.

(URMILA JOSHI-PHALKE, J.) R.S. Sahare