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Bombay High CourtAPPP/1262/2015rejected

Madhukar S/O Bhoju Chavhan v. The State Of Maharashtra, Through Local Crime Branch, Washim

2015-12-17Hon'Ble Shri Justice A.B. Chaudhari2 pages

17.12.appp.1262.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP)NO. 1262/2015 IN CRIMINAL APPLICATION (BA) NO.285/2015 ( Madhukar s/o Bhoju Chavhan vs. State of Maharashtra) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. Amol Jaltare, Advocate for applicant Mr. N.B. Jawade, APP for respondent CORAM: A.B.CHAUDHARI, J.

DATED : 17th December, 2015.

Heard learned counsel for the rival parties. Criminal Application (APP) No.1262/2015 is preferred seeking relaxation of condition that the applicant shall not enter the boundary of village Somnath Nagar, Manora, District: Washim.

The order in question was passed on 18th June, 2015 and the trial is yet to be completed. For obtaining the order of bail, the applicant agreed to abide by the said condition. Now he wants modification on the ground that his age is 73-years. That was the ground considered for releasing him on bail. However, the applicant cannot be allowed to take advantage of his own wrong particularly when there is evidence against him that he had hit the complainant by means of wooden rod. The applicant is at liberty to apply for expeditious trial. Hence the following order:

17.12.appp.1262.15

ORDER

Criminal Application (APP) No. 1262/2015 is rejected.

JUDGE sahare