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Bombay High CourtAPPP/1703/2023rejected

Ashok S/O. Laxmanrao Bowade v. State Of Mah. Thr. Officer In Charge Ps, Karanja (Ghadge), Tahsil Karanja (Ghadge) Dist. Wardha.

2024-03-11Hon'Ble Justice Urmila Joshi Phalke2 pages

2024:BHC-NAG:3071 11.appp.1703.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.1703 OF 2023 IN CRIMINAL APPLICATION (BA) NO.634 OF 2023 (Ashok s/o Laxmanrao Bowade Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms A.H. Dangre, Advocate for the applicant.

Mr. A.B. Badar, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 11, 2024 The application is filed for modification of condition imposed in order dated 28/07/2023 in the operative part i.e. clause (iii).

2.

The applicant is prosecuted for the offence punishable under Section 302, 294 and 506 of the Indian Penal Code. While releasing the applicant on bail considering the material collected during the investigation and the apprehension raised by the prosecution that there is apprehension of tampering of the witnesses. The condition that the applicant shall not enter into the vicinity of Sawal, Taluka Karanja, District Wardha is imposed. Yet charge is not framed and the material witnesses are residing in the said village. No case is made out for relaxation of the condition.

11.appp.1703.23.odt 3.

Liberty is granted to the applicant to move to this Court for relaxation of the condition after material witnesses are examined.

4.

At this stage, the application is rejected.

(URMILA JOSHI-PHALKE, J.) *Divya