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Bombay High CourtAPPP/2161/2017rejected

Sudhir S/O. Murlidhar Kamble (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Deoli Dist. Wardha

2018-01-08Hon'Ble Shri Justice V.M. Deshpande2 pages

appp2161.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO.2161/2017 IN CRIMINAL APPLICATION (BA) NO.876/2017 (D) Sudhir s/o Murlidhar Kamble ..vs.. State of Maharashtra thr. PSO P.S. Deoli, Tq. Deoli, Dist. Wardha.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms A. Wankhede, Advocate for applicant.

Mr. N. Rao, A.P.P. for non applicant-State.

CORAM : V.M. DESHPANDE, J.

DATED : JANUARY 8, 2018 1.

This is an application for relaxation of the condition. This Court had on 27.09.2017 granted bail in favour of the applicant on a condition that the applicant shall not enter the territorial jurisdiction of Deori city till culmination of the trial.

2.

Heard Ms A. Wankhede, Advocate for applicant. She submits that the applicant is a teacher and after the incident, he was suspended by the school management. However, subsequently, suo motu the school management has revoked the order of suspension. She submits that in view of the condition imposed upon present applicant while he was released on bail, the applicant is unable to attend the school.

appp2161.17.odt 3.

The applicant is a teacher. He has committed wrong with the girl student of his school. Looking to the fact that the investigation was almost over, the applicant was released on bail.

4.

If the condition is relaxed then the possibility of repeating the offence by the applicant cannot be ruled out and also the applicant may influence the victim who is a student of the same school. Only keeping in mind this fact, the condition was imposed upon the applicant by this Court. Merely because the management suo motu has revoked the order of suspension, that cannot be a ground for relaxing the condition imposed by this Court.

In view of above, the application is rejected. JUDGE kahale