Vijay Narasimallu Bhashanwar v. State Of Mah. Thr. Station House Officer, Parwa Ps, Parwa Yavatmal.

2024:BHC-NAG:4521

(1) 2.appp.1902.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.1902 OF 2023 IN CRIMINAL APPLICATION (BA) NO.308 OF 2023(D) Vijay Narasimallu Bhashanwar Vs.

State of Maharashtra, Through Station House Officer, Parwa Police Station, Parwa District Yavatmal ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. V. D. Darne, Advocate for applicant through video conferencing. Ms. H. N. Prabhu, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17 /04/2024 1.

By this application, the applicant is seeking relaxation of condition while releasing the applicant on bail.

2.

The applicant had filed an application for grant of bail in connection with Crime No.249/2022 registered with the Police Station, Parwa, District Yavatmal for the offences punishable under Sections 302, 120-B and 201 read with Section 34 of the Indian Penal Code.

3.

Considering the fact of the case while releasing the applicant on bail and considering the apprehension raised by the prosecution that if the

(2) 2.appp.1902.2023 applicant is released on bail, he would tamper with the prosecution evidence, the condition was imposed that the applicant shall not enter into the territorial jurisdiction of Police Station Parwa, District Yavatmal pending trial.

4.

This application is preferred by the applicant on the ground that the applicant is residing outside the village Parwa and his parents are senior citizens and due to the age concern they remains ill and they need constant surveillance and they are suffering from high blood pressure and Cardiac problem. It is further submitted that the children of the applicant are not attending the school as applicant is not permitted to enter into the territorial jurisdiction of the Police Station, Parwa.

5.

On perusal of the order passed by this Court it reveals that considering the gravity of the offence in which the involvement of the present applicant is revealed and considering that the deceased who was an activist was eliminated by hatching of the conspiracy and taking into consideration the apprehension raised by the prosecution that condition was imposed. The grounds raised by the applicant are not satisfactory and therefore, the application is devoid of merits and liable to be rejected.

(3) 2.appp.1902.2023 6.

The application is rejected.

(URMILA JOSHI-PHALKE, J.) Sarkate